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Tag Archives: ‘ Removal

Civil Practice – Federal Jurisdiction – Removal – Diversity – Turkish National – Labor & Employment (access required)

Sonoco Products Co. v. Guven Even though the Turkish defendant accepted a job in South Carolina and listed an S.C. address on an application to renew his re-entry permit, since defendant was not domiciled in South Carolina when this lawsuit was filed, there is diversity of citizenship between the parties.

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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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Tort/Negligence – Abuse of Process – Civil Conspiracy – Barratry – Ongoing Litigation – Appeals – Removal (access required)

Hickey v. Resolution Management Consultants, Inc. Since defendants’ abuse of process counterclaim alleges no acts other than plaintiffs’ – ultimately unsuccessful -- removal to federal court of four New Jersey state-court actions filed by defendants against plaintiff, defendants have failed to allege a willful act in the use of process not proper in the conduct of the proceeding.

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Labor & Employment – Civil Rights — Race Discrimination Claim – Federal Jurisdiction – State Court — Removal (access required)

Bullock v. Napolitano The 4th Circuit upholds dismissal of this Title VII race discrimination suit filed by an African-American who was dismissed from the federal air marshal training program; the U.S. did not consent to be sued in North Carolina state court and removal of the suit to federal court, under the doctrine of derivative jurisdiction, did not cure that jurisdictional defect.

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