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Sua sponte remand barred for unraised removal defect
A U.S. District Court lacks authority to sua sponte remand a removed case based on a non-jurisdictional procedural defect that no party timely raised, the 4th U.S. Circuit […]
4th Circuit revives negligence claim against SC county clerk over stale warrant
Fourth Circuit vacates summary judgment shielding SC county clerk from negligence claim over stale bench warrant, remanding for further proceedings on administrative immunity questions.
South Carolina appeals court reverses summary judgment on land use conversion rights
South Carolina Court of Appeals reverses summary judgment, finds ambiguous contract language on land use conversion rights, remanding case for trial.
4th Circuit: Court vacates class definition in overtime suit
Where the class certified by the District Court in an overtime suit had only one parameter — that class members must have worked for the company as a shift manager […]
4th Circuit: Drug defendant’s sentence vacated a second time
Where a defendant who pleaded guilty to federal drug charges argued the drug quantity in the presentence report, or PSR, was based on unreliable information from informants, that he should […]
4th Circuit: Social Security applicant denied ‘bump up’ for age category
Where a woman argued she should have been treated as a 50-year-old by the administrative judge, because she was six months and 17 days away from her 50th birthday, her […]
4th Circuit: Court lacks jurisdiction over remand order
Where the District Court remanded a man’s application to the United States Citizenship and Immigration Services, or USCIS, for a decision on the merits, he could not appeal that decision […]
4th Circuit: District Court must determine when inmate received notice of order
The 4th U.S. Circuit Court of Appeals remanded Millanyo Woody's case for clarification on notice timing, evaluating whether his filings could be construed as motions to reopen under Rule 4(a)(6) or Rule 60.
4th Circuit: Extrinsic evidence triggers duty to defend
Where an insurance carrier requested information from its insured about the timing of the exposure alleged by a plaintiff in an underlying suit, the carrier was required to consider that […]
4th Circuit: Appeal waiver turns back defendant’s claim
A man's argument that he was improperly sentenced without an opportunity to allocute was barred by the appeal waiver in his plea agreement.
4th Circuit: Insurance coverage dispute remanded to state court
The 4th Circuit U.S. Court of Appeals could not review a federal District Court’s order remanding an insurance case to state court.
Civil Practice – Subject Matter Jurisdiction – Federal Question – Remand – Intellectual Property – Trademark – Distributorship Contract
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 […]
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
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Where is she now, this model who was so beautiful?
- Content Marketing: Where law firms lose referrals and how to prevent it
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
- Beyond burnout: The case for workplaces where people thrive
- The December question every leader should anticipate
- Best at Work Insights: Don’t Import 996: Why America Should Reject Overwork Culture
- Law ‘n History: The beer, scandal and haunted mansion of the Lemp dynasty
- Using QALY to quantify emotional distress in legal cases
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