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Tag Archives: Remand

Civil Practice – Subject Matter Jurisdiction – Federal Question – Remand – Intellectual Property – Trademark – Distributorship Contract (access required)

Overhead Door Corp. v. Assa Abloy Entrance Systems Greenville, Inc. (Lawyers Weekly No. 002-057-17, 10 pp.) (Mary Geiger Lewis, J.) 6:17-cv-00012; D.S.C. Holding: Even though the complaint refers to “protected Marks,” the term “Marks” is defined in the distributor’s agreement, ...

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Civil Practice – Removal – Diversity Jurisdiction – S.C. Defendants – Fraudulent Joinder Claim – Investment Advisors – Remand (access required)

Maybank v. BB&T Corp. Even though S.C. courts have not addressed whether an investment advisor owes a fiduciary duty to a client, numerous courts in other jurisdictions have acknowledged the fiduciary nature of the relationship between an investment advisor and a client.

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Civil Practice – Federal Jurisdiction – Removal – Diversity — S.C. Defendant – Fraudulent Joinder Claim – Tort/Negligence – Defamation – Drug Test — Remand (access required)

Legette v. Nucor Corp. Where plaintiff alleges that the individual S.C.-resident defendant defamed her by letting her co-workers know that she was accused of illegal drug use, the individual defendant was not fraudulently joined in order to defeat diversity jurisdiction.

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Civil Practice – Diversity Jurisdiction – Fraudulent Joinder – Necessary Party – Remand (access required)

Essex Homes Southeast, Inc. v. CommunityOne Bank, N.A. Even though plaintiff’s original complaint failed to state any claim against the only S.C. defendant named therein, plaintiff timely amended its complaint and added an S.C. defendant against which it does appear to have a claim. The defendant-bank’s motion to strike the amended complaint is denied. Plaintiff’s motion to remand to state court is granted.

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Civil Practice – Federal Jurisdiction – Diversity — Remand – Tort/Negligence – Storage Facility Manager (access required)

Doe v. OwenMcClelland LLC Plaintiff alleges that she was kidnapped, beaten, held against her will, and raped while a customer on the premises of the All-Safe Storage facility in Seneca. Although defendants contend that the facility manager was fraudulently joined as a defendant in order to defeat diversity jurisdiction, plaintiff has alleged that the manager had sufficient control over the facility to establish the possibility of maintaining a cause of action against her.

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Civil Practice – Federal Jurisdiction – Federal Question – HIPAA – Unfair Trade Practices — Remand (access required)

McKnight v. Surgical Associates of Myrtle Beach LLC Even though, as an element of her state-law unfair trade practices claim, plaintiff alleges that defendants violated a federal law - the Health Information Portability and Accountability Act of 1996 (HIPAA) - this allegation alone is insufficient to give this court federal question jurisdiction over plaintiff’s claim. Plaintiff’s motion to remand to state court is granted.

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Civil Practice – Federal Jurisdiction – Removal – Class Action Fairness Act – State as Plaintiff – Parens Patriae – Remand — Antitrust (access required)

South Carolina v. LG Display Co. The State of South Carolina filed this antitrust action seeking civil forfeitures and statutory penalties pursuant to its parens patriae power in addition to seeking restitution on behalf of a particular subset of S.C. citizens. As such, this case is not removable under the Class Action Fairness Act. The state’s motion to remand to state court is granted.

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