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 […]
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 […]
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 […]
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 […]
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 […]
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.
Civil Practice – Personal Jurisdiction – S.C. Insurance Company – Florida Customer
Companion Property & Casualty Insurance Co. v. GTE Federal Credit Union Even though the plaintiff-insurer fulfilled its contract obligations from South Carolina, and even though the defendant-insured is a sophisticated party who negotiated the parties’ multimillion dollar policy, this court lacks personal jurisdiction over the Florida insured.
Civil Practice – Personal Jurisdiction – N.J. Businessmen – Gambling Cruise Ship
Liverett v. Island Breeze International, Inc. Plaintiff alleges that the individual New Jersey-resident defendants traveled to South Carolina, met with plaintiff to discuss a casino boat project and the terms of an alleged consultation agreement, and failed to pay plaintiff pursuant to the consultation agreement after plaintiff performed under the agreement.
Civil Practice – Personal Jurisdiction – Florida Resident – S.C. Businesses – Guarantor
CresCom Bank v. Terry According to the complaint, defendant Terry, a Florida resident, executed and delivered to the plaintiff-bank multiple guaranties, guarantying the payment and performance of all debts that three companies owed to the S.C. bank.
Civil Practice – Personal Jurisdiction – Specific Jurisdiction – Minimum Contacts – Corporate Shareholder – Insufficient
Roper v. TAP Pharmaceutical Products, Inc. Defendant Abbott Laboratories is an Illinois corporation with its principal place of business in Illinois. The fact that Abbott owned 50 percent of the stock in a corporation that manufactured the drug that allegedly injured plaintiff in South Carolina is not enough to give this court personal jurisdiction over Abbott.
Civil Practice – Personal Jurisdiction – Forum Non Conveniens – Insurance – Canadian Policy
Sonoco Products Co. v. ACE INA Insurance Plaintiff, a multinational company with headquarters in South Carolina, required an S.C. insurance company to find local property insurers for plaintiff’s foreign subsidiaries. Where this litigation arises out of the collapse of a roof at plaintiff’s Canadian subsidiary’s Ontario facility, this court lacks personal jurisdiction over the local[...]
Civil Practice – Personal Jurisdiction – Minimum Contacts – Georgia Pawn Shop – Repossessions Contract
Midland Auto Recovery, LLC v. TitleMasters of Georgia, LLC A Georgia title pawn and loan business can be haled into court in South Carolina based on its relationship with a South Carolina company, which served as an intermediary between the Georgia company and repossession agents in other states. The court denies the Georgia company’s motion to dismiss or to transfer.
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
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