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Tort/Negligence – Medical Malpractice – Civil Practice – Pre-Filing Affidavit – Breach – Proximate Cause
Grier v. AMISUB of South Carolina, Inc. Read together, S.C. Code Ann. §§ 15-79-125(A) and 15-36-100 require a medical malpractice plaintiff to file a notice of her intent to file suit, including an affidavit of an expert witness as to the defendant’s breach of the standard of care. The expert’s affidavit need not address proximate cause at the pre-filing stage.
Tort/Negligence – Products Liability – Hormone-Replacement Drugs – Proximate Cause – Prescribing Physician’s Death
Sauls v. Wyeth Pharmaceuticals, Inc. According to the Fourth Circuit’s binding interpretation of S.C. law, in order to prove that an inadequate drug warning was the proximate cause of her injury, plaintiff must prove that the drug’s additional non-disclosed risk was high enough that it would have changed her doctor’s decision to prescribe the product for her.
Tort/Negligence – Personal Injury – Auto Accident – Passenger – Driver’s Speeding – Proximate Cause
Black v. Cayia Plaintiff William Black was a passenger in the vehicle defendant Knox was driving when defendant Cayia admittedly failed to yield the right of way when she turned left into Knox’s lane, causing the two vehicles to collide. The evidence shows that, even if Knox were traveling 45 mph in a 35-mph zone, this was not a “but for” cause of the accident. We affirm summary [...]
Tort/Negligence – Proximate Cause – Real Property – Environmental – Contamination – Discovery
Bill Hall Co. v. Shaw Environmental & Infrastructure, Inc. (Lawyers Weekly No. 002-045-10, 12 pp.) (Margaret B. Seymour, J.) D.S.C. Holding: The plaintiff-landowner’s injury was caused, not by defendant’s discovery of jet fuel contamination on plaintiff’s land, but by the contamination itself. Defendant’s testing on plaintiff’s property was not the proximate cause[...]
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
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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