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Insurance – Accidental Death – ‘Narcotics’ Exclusion – Methamphetamine – Ordinary Meaning – First Impression
Hutchinson v. Liberty Life Insurance Co. Even though methamphetamine is not medically classified as a "narcotic," it is ordinarily understood as such; therefore, the policy exclusion for injury . . .
Real Property – Lien Priority – Tax Sale Overage – Purchase Money Mortgage – Prior Judgment Lien
SunTrust Bank v. Bryant. (Lawyers Weekly No. 011-055-11, 3 pp.) (James E. Lockemy, J.) Appealed from Spartanburg County. (Gordon G. Cooper, Master-in-Equity) S.C. App. Click here for the full text of the opinion. Holding: Even though defendant Davis obtained a judgment against Arnold Bryant before Bryant bought a home, since the bank’s purchase-money loan to […]
Criminal Practice – Threatening a Public Official – Detention Center Officer
State v. Vick. (Lawyers Weekly No. 011-052-11, 2 pp.) (Per Curiam) Appealed from Spartanburg County Circuit Court. (J. Derham Cole, J.) S.C. App. Unpub. Click here for the full text of the opinion. Holding: Since an officer at a county detention center is appointed by the department head of the county jails and detention centers, […]
Tort/Negligence – Assault – Negligent Hiring – Negligent Retention – Respondeat Superior – Truckers – Minor Accident – Insubordination – Bad Driving Record
Kase v. Ebert. A man who was assaulted by a trucker after a minor collision could not recover on his claim against the trucker's employer under respondeat superior or on claims of negligent retention . . .
Dispute over hotel financing, franchising results in $114K verdict
The case arose out of a $5.7 million buy/sell transaction for the Holiday Inn Express in Duncan. The plaintiff claimed that Quantum Mortgage Corp. was asked to perform various services to facilitate the transaction between the buyer and the seller including, but not limited to, serving as an intermediary between the buyer and seller, qualifying […]
Criminal Practice – Murder – Voluntary Manslaughter – Cool State of Mind – Involuntary Manslaughter – Drug Sale
State v. Smith. Where defendant said he was not enraged, incapable of "cool reflection" or acting under an uncontrollable impulse to do violence, there was no evidence of heat of passion. The trial court . . .
Civil Practice – Forfeiture – First Impression – Proximity to Drugs – Case-by-Case Analysis – Source of Funds – Tracing
Gowdy v. Gibson. We do not believe the General Assembly wished to encourage drug traffickers to strategically house their cash stores so as to evade seizure by the government. Establishing a bright-line . . .
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
- 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
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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