In early January, attorneys went to trial in Columbia District Court on a case with Section 1983 Claims for excessive force and unlawful seizure against Officer Cameron James Duecker and claims under the South Carolina Tort Claims Act for gross negligence, ...

Tagged with: Tort

  A state agency and a county board serving people with disabilities and special needs have won a defense verdict in a federal lawsuit alleging that they failed to provide adequate services to an intellectually disabled man who claimed that ...

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Toussaint v. Palmetto Health (Lawyers Weekly No. 002-136-17, 5 pp.) (Mary Geiger Lewis, J.) 3:15-cv-02778; D.S.C. Holding: An untrue innuendo or inference drawn from a true statement may give rise to liability if the inference is reasonable. From a letter ...

Tagged with: Tort

A tool that allows consumers to keep claims against a company from being forced into arbitration faces an uncertain future, following a recent ruling out of the South Carolina Supreme Court. The outrageous torts exception — which enables parties to ...

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Stahle v. CTS Corp. (Lawyers Weekly No. 001-043-16, 44 pp.) (Floyd, J.) No. 15-1001, March 2, 2016; USDC at Asheville, N.C. (Cogburn, J.) 4th Cir. Holding: A North Carolina man who alleges he developed leukemia from exposure to toxic solvents ...

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Charleston Marine Containers Inc. v. Sherwin-Williams Co. (Lawyers Weekly No. 002-048-16, 25 pp.) (David Norton, J.) 2:14-cv-00377; D.S.C. Holding: The parties’ supply agreement, which is governed by Ohio law, bars the plaintiff-purchaser’s claim that the terms of its purchase orders ...

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In re TD Bank, N.A. Debit Card Overdraft Fee Litigation (Lawyers Weekly No. 002-006-16, 86 pp.) (Bruce Howe Hendricks, J.) 6:15-mn-02613; D.S.C. Holding: Since federal regulations and the discretion afforded to banks under the National Bank Act permit banks to ...

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Salvatore Jackson, a young man in his mid-40s, died in 2011 when he lost control of his motorcycle while cruising down S.C. Highway 49 near Lake Wylie. His widow was awarded more than $1.4 million for his wrongful death, even ...

Tagged with: Tort wrongful death

Holbrook v. U.S. A helicopter flight instructor cannot sue the Federal Aviation Administration for alleged harm to his flight instruction business resulting from the FAA’s suspension of an airworthiness certification of the helicopter leased by the instructor; the 4th Circuit affirms the district court’s finding that the FAA inspector’s original certification of the aircraft fell under the FTCA’s discretionary function exception.

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Al-Shimari v. CACI Int’l Inc. Claims filed by four Iraqi citizens seized by the U.S. military in the Iraq war zone, against a government contractor who allegedly conspired to torture claimants during interrogations, are pre-empted by federal law and displaced, and the case is remanded for dismissal by the District Court.

Tagged with: Tort