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Partnerships — State Court Clarifies Partnership Law
Valentine v. Sugar Rock Inc. (Lawyers Weekly No. 001-066-15, 6 pp.) (King, J.) No. 12-2273, April 2, 2015; USDC at Clarksburg, W.Va. (Keeley, J.) 4th Cir. Holding: The 4th Circuit vacates summary judgment for a plaintiff pursuing an accounting of four mining partnerships and remands this matter, in light of the response of the Supreme […]
Real Property – Mortgages – Foreclosure – Statute of Frauds – Statute of Limitations
Branch Bank & Trust Co. v. Technology Solutions, Inc. (Lawyers Weekly No. 002-055-14, 8 pp.) (Joseph Anderson Jr., J.) 3:13-cv-01318; D.S.C. Holding: In support of their counterclaim for “damages commensurate with revenue lost when contracts could not be implemented due to” the plaintiff-bank’s failure to lend defendants money, defendants argue that the statute of frauds […]
Banks & Banking – Failure to Lend – Statute of Frauds – Tort/Negligence — Borrower’s Investors
Kerr v. Branch Banking & Trust Co. Where plaintiffs’ claims are based on the defendant-bank’s alleged oral promises to fund a company in which plaintiffs were investors, plaintiffs’ claims are barred by S.C. Code Ann. § 37-10-107. Defendants’ motion to dismiss is granted.
Real Property – Easement – Statute of Frauds – Partnership Minutes – Tort/Negligence – Tortious Interference with Contractual Relations
Rogers v. River Hills Ltd. Partnership Although partnership minutes adequately described the dominant estate, they did not describe the servient estate with any particularity, nor did they adequately describe the easement. In addition, the minutes indicate no more than an executory promise - the minutes indicate that the easement “shall be” large enough to meet county requirements and[...]
Criminal Practice – Bail Bond – Contract – Statute of Frauds – Equitable Estoppel
State v. Hinojos Even though the defendant’s pre-sentencing bond was not put in writing, the state made it clear it would oppose defendant’s pre-sentence release unless the bail bondsman agreed to continue on the bond. The bail bondsman orally agreed to continue on the bond, and he is equitably estopped from relying on the statute of frauds.
Civil Practice – Frivolous Civil Proceedings Sanctions Act – Former Version – Rule 11 – Contract – Statute of Frauds – No Frivolity
Southeastern Site Prep, LLC v. Atlantic Coast Builders & Contractors, LLC In a complicated case arising from what was first described as a “merger” but which turned out to be, at bottom, agreements for leasing real property and selling equipment, plaintiffs survived two summary judgment motions, with one judge finding “a pretty good question of fact [as to] partial performance .[...]
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
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- 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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