At the time of removal, plaintiff’s claimed damages did not exceed the $75,000 threshold required to give this court diversity jurisdiction. Defendant can point to no controlling authority to support her contention that removal is proper based on plaintiff’s ...

Tagged with: ' Removal

Cook v. Wal-Mart Stores, Inc. (Lawyers Weekly No. 002-012-18, 10 pp.) (Donald Coggins Jr., J.) 3:17-cv-01391; D.S.C. Holding: The fact that the individual defendant was only an assistant store manager – not the store manager – does not mean the ...

Tagged with: ' Removal

Baker Roofing Co. v. American Guarantee & Liability Insurance Co. (Lawyers Weekly No. 002-069-17, 6 pp.) (Patrick Michael Duffy, J.) 2:16-cv-03776; D.S.C. Holding: Even though one of plaintiff’s three insurers has agreed to defend and indemnify plaintiff, since that insurer, ...

Tagged with: ' Removal

Sijapati v. Boente (Lawyers Weekly No. 001-035-17, 13 pp.) (Wynn, J.) No. 15-1204, Feb. 1, 2017; On Petition for Review; 4th Cir. Holding: A Nepali citizen who was convicted of felony embezzlement, a crime involving moral turpitude, within five years ...

Tagged with: ' Removal

Sweatman v. Bringger (Lawyers Weekly No. 002-256-14, 6 pp.) (J. Michelle Childs, J.) 5:14-cv-00622; D.S.C. Holding: The first unequivocally clear and certain evidence that the amount of damages exceeded the $75,000 threshold was not available to defendant until plaintiff submitted ...

Tagged with: ' Removal Amount in controversy

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.

Tagged with: ' Removal Civil Practice Diversity Federal Jurisdiction Labor & Employment

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.

Tagged with: ' Removal Civil Practice Diversity Jurisdiction Remand

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.

Tagged with: ' Removal Appeals Civil Conspiracy Tort/Negligence

Kidston v. Resources Planning Corp. Defendants’ only actions in litigation have been to remove to federal court, file motions to dismiss, and file answers. Plaintiff has not been prejudiced by any of these actions.

Tagged with: ' Removal Arbitration motion to dismiss

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.

Tagged with: ' Removal Civil Rights Federal Jurisdiction Labor & Employment Race Discrimination Claim