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Personal Jurisdiction

Sep 7, 2018

Civil Practice – Personal Jurisdiction – Foreign Corporation – Door-Closing Statute – Tort/Negligence – Civil Conspiracy – Unfair Trade Practices – Intellectual Property

Where (1) defendant Lazarus Pharmaceuticals, Inc., is a Barbados corporation, which is not subject to personal jurisdiction in the courts of any state; (2) plaintiffs assert federal-law claims; (3) plaintiffs allege that Lazarus convinced a South Carolina resident to submit information to two drug databases so Lazarus could bring its allegedly infringing drug to market; […]

May 18, 2018

Civil Practice – Personal Jurisdiction – Chinese Manufacturer – U.S. Distributor

Though the Chinese defendants manufactured tires for distribution in the United States and entered into a contract with a U.S. company to distribute those tires, these facts do not constitute purposeful availment of the South Carolina market. The court grants defendants Huangzho General Rubber Factory and Huangzhou Zongce Rubber Co., Ltd.’s (collectively HZR) motion to […]

Oct 12, 2017

Civil Practice – Personal Jurisdiction – Effect on Plaintiff – Separate Defendants

Accident Insurance Co. v. U.S. Bank N.A. (Lawyers Weekly No. 002-156-17, 8 pp.) (J. Michelle Childs, J.) 3:16-cv-02621; D.S.C. Holding: Defendant U.S. Bank Trust’s purported knowledge that plaintiff has strong forum connections and that plaintiff would suffer harm in the forum does not satisfy the minimum contacts test, as it impermissibly allows plaintiff’s contacts with […]

Mar 27, 2017

Civil Practice – Personal Jurisdiction – Stream of Commerce – New York Company – Golf Car Motor Controller – Vacation Rental Fire

Moore v. Club Car, LLC (Lawyers Weekly No. 002-084-17, 19 pp.) (R. Bryan Harwell, J.) 4:16-cv-00581; D.S.C. Holding: Where the parties have participated in discovery and provided the court with deposition testimony, affidavits and business documents, the court could conduct an evidentiary hearing without taking additional live testimony or evidence. Plaintiffs have satisfied the applicable [&helli[...]

Oct 3, 2016

Civil Practice – Personal Jurisdiction – Colorado Doctor – Venue Transfer

Ruhe v. Bowen (Lawyers Weekly No. 002-189-16, 17 pp.) (David Norton, J.) 2:15-cv-03792; D.S.C. Holding: After plaintiffs’ decedent moved from Colorado to South Carolina, the Colorado defendant-doctor called in a prescription for the decedent to a South Carolina pharmacy. This is not enough to give this court personal jurisdiction over the doctor or the Colorado […]

Aug 15, 2016

Civil Practice – Personal Jurisdiction – N.C. Camp – S.C. Counselor – Venue Transfer – Civil Rights – ADA

E.E. v. Eagle’s Nest Foundation (Lawyers Weekly No. 002-144-16, 16 pp.) (Bruce Howe Hendricks, J.) 8:15-cv-02296; D.S.C. Holding: Only once in the past five years has a “camp representative” – someone who gets a camp tuition discount from the North Carolina defendant for soliciting potential campers – held a Camp Rep party in South Carolina. […]

Mar 25, 2016

Civil Practice – Personal Jurisdiction – Slovenian Newspaper – Insufficient Contacts – ‘Effects Test’

Hidria, USA, Inc. v. Delo, d.d. (Lawyers Weekly No. 011-031-16, 14 pp.) (Stephanie McDonald, J.) (H. Bruce Williams, J., concurring in the result only without separate opinion) Appealed from Greenville County Circuit Court (Letitia Verdin, J.) S.C. App. Holding: The defendant-Slovenian newspaper ran two articles about a Slovenian businessman who has ties to the South […]

Jul 27, 2015

Civil Practice — Personal Jurisdiction – Corporate Subsidiary – TCPA

Fitzhenry v. One on One Marketing LLC (Lawyers Weekly No. 002-133-15, 11 pp.) (David Norton, J.) 2:14-cv-04782; D.S.C. Holding: Even though defendant Education Corporation of America’s (ECA’s) subsidiary appears to have minimum contacts with South Carolina, and even though ECA and its subsidiary share some administrative and marketing functions, this doesn’t mean ECA itself has […]

Apr 3, 2015

Civil Practice — Personal Jurisdiction – Investment Fund – Cayman Islands Administrator – Venue – Forum Selection Clause

Poole v. Transcontinental Fund Administration, Ltd. (Lawyers Weekly No. 002-060-15, 19 pp.) (Bruce Howe Hendricks, J.) 6:12-cv-02943; D.S.C. Holding: Because the Cayman Islands defendant-administrator was involved in drafting the private offering circular – which included provisions plaintiff alleges have been breached – and because defendant knew or should have known the circular was being us[...]

Mar 25, 2015

Civil Practice – Personal Jurisdiction – Florida Company – Tort/Negligence – Statutes of Limitations

Gentry Technology of S.C., Inc. v. Baptist Health South Florida, Inc. (Lawyers Weekly No. 002-052-15, 25 pp.) (J. Michelle Childs, J.) 1:14-cv-02127; D.S.C. Holding: Plaintiff has shown that the Florida defendant has sufficient minimum contacts with South Carolina through the affidavit of plaintiff’s officer, Robert Taylor, who says that (1) he was contacted in South […]

Dec 9, 2014

Civil Practice — Leather Company Solicited Business in Forum State

Universal Leather LLC v. Koro AR, SA (Lawyers Weekly No. 001-200-14, 21 pp.) (Keenan, J.) No. 13-2241, Dec. 8, 2014; USDC at Greensboro, N.C. (Osteen, J.) 4th Cir. Holding: An Argentinian company that sold finished leather goods to a North Carolina leather wholesaler “purposefully availed” itself of the privilege of conducting business in North Carolina […]

Jun 13, 2013

Domestic Relations – Equitable Division & Alimony – Alabama Judgment — Civil Practice – Personal Jurisdiction – Limited Appearance – Res Judicata – Constitutional – Full Faith & Credit

Ware v. Ware Even though an Alabama trial court wrongly decided that it had personal jurisdiction over the respondent-wife, since she made a limited appearance through counsel to contest personal jurisdiction but then failed to appeal the trial court’s ruling, that ruling is res judicata and is entitled to full faith and credit from S.C. courts.

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