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Developer gets $930K verdict in environmental cleanup dispute
A jury has awarded a real estate development company more than $930,000 plus attorney's fees in a breach-of-contract action centering on an environmental cleanup in Richland County. Plaintiff Ginn-LA University Club Ltd. claimed defendant Amelia Capital III breached a contract for the sale of The University Club Golf Club, a 239-acre real estate development in Blythewood. The plaintiff claimed the[...]
Tort/Negligence – Medical Malpractice – Civil Practice – Statute of Repose – Equitable Indemnity – Hospital’s Settlement
Columbia/CSA-HS Greater Columbia Healthcare System, LP v. South Carolina Medical Malpractice Liability Joint Underwriting Association. Where the plaintiff-hospital learned during discovery in a . . .
Tort/Negligence – Fraud & Negligent Misrepresentation – Health Insurance – Group Policy
Turner v. Milliman. Petitioners presented some evidence that, while the defendant-insurance agent told them they would be buying group health insurance, they were instead sold individual . . .
Workers’ Compensation – Repetitive Trauma – Timely Notice – Pre-Existing Condition – Aggravation
Murphy v. Owens Corning. (Lawyers Weekly No. 011-042-11, 6 pp.) (Paul E. Short Jr., J.) Appealed from Richland County Appellate Panel, Workers’ Compensation Commission. S.C. App. Click here for the full text of the opinion. Holding: Even though Dr. Worsham said plaintiff should seek other work in 2004, plaintiff did not realize her symptoms were […]
Criminal Practice – False Pretenses – Life Insurance Policy – Application Falsehoods
State v. Campbell. (Lawyers Weekly No. 011-033-11, 7 pp.) (Per Curiam) Appealed from Richland County Circuit Court. (G. Thomas Cooper Jr., J.) S.C. App. Unpub. Click here for the full text of the opinion. Holding: The state presented evidence that defendant tried to sell six policies insuring his father’s life while his father was still […]
Real Property – Inverse Condemnation – Hardin Retroactive Application – Road Closure – Landowner’s Easements
Carolina Chloride, Inc. v. South Carolina Department of Transportation. In this inverse condemnation case, there remain genuine issues of fact regarding whether the respondent-landowner had an . . .
Workers’ Compensation – ‘Going & Coming’ Rule – Trip & Fall – Sidewalk – Off Employer’s Premises – Appeals
Matute v. Palmetto Health Baptist. (Lawyers Weekly No. 011-003-11, 4 pp.) (H. Bruce Williams, J.) Appealed from Richland County Appellate Panel, Workers’ Compensation Commission. S.C. App. Click here for the full text of the opinion. Holding: After work, plaintiff left the defendant-hospital and tripped and fell on a public sidewalk. She is not entitled to […]
Attorneys – Settlement Proceeds – Former Counsel’s Lien – No Duty to Protect
Byrd v. Wausau Underwriters Insurance Companies. (Lawyers Weekly No. 010-008-11, 3 pp.) (Per Curiam) Appealed from Richland County Circuit Court. (Benjamin H. Culbertson, J.) S.C. S. Ct. Unpub. Click here for the full text of the opinion. Holding: Even though defense counsel had notice that plaintiffs’ former attorney claimed a portion of any settlement funds […]
Contract – ‘Net Profit’ – Gasoline Supply Contracts – Accounting – Declaratory Judgment
Consignment Sales, LLC v. Tucker Oil Co. (Lawyers Weekly No. 011-154-10, 5 pp.) (James E. Lockemy, J.) Appealed from Richland County Circuit Court. (G. Thomas Cooper Jr., J.) S.C. App. Click here for the full text of the opinion. Holding: Even though the contract did not define “net profit,” defendant calculated and paid net profit […]
Tort/Negligence – Personal Injury – Damages – Chiropractic Bills – Nisi Additur
Luchok v. Vena. (Lawyers Weekly No. 011-153-10, 3 pp.) (John C. Few, Ch.J.) Appealed from Richland County Circuit Court. (L. Casey Manning, J.) S.C. App. Click here for the full text of the opinion. Holding: The damages in this rear-end collision case were hotly contested. Given the sharply conflicting evidence, the fact that the jury […]
Criminal Practice – Jury Instructions – Defense of Habitation – Fatal Shot – Continued Shooting
State v. Bryant. Even though defendant chased the intruder out of defendant's hotel room and continued shooting him in the hotel breezeway, since defendant fired the fatal shot while the intruder was in his room, the jury should have been instructed . . .
Tort/Negligence – Medical Malpractice – Civil Practice – Standing – Juvenile Patient – Medical Expenses – Other Damages
Cue-McNeil v. Watt. The trial court correctly held that the minor plaintiff cannot sue for medical expenses; however, the plaintiff-mother can sue for her daughter's medical expenses. Moreover, the mother has been appointed as guardian for the minor plaintiff, and, through her guardian, the minor plaintiff can sue for other damages she has suffered. We affirm in part and vacate in part th[...]
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
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- Court cases add new twists to legal language
- It’s all business, especially the busyness
- Virginia Tech student got due process in hearing
- 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
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