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Tort/Negligence – Suits in Admiralty Act – Maritime Negligence Theory
We found no reversible error in the district court’s findings that the Coast Guard neither breached any duty it owed under a maritime negligence theory nor caused the boat crash. […]
Tort/Negligence – Stormwater Management and Sediment Reduction Act – Inverse Condemnation
The Stormwater Management and Sediment Reduction Act does not immunize the South Carolina Department of Transportation (SCDOT) from liability; there is not sufficient evidence on the causation issue for the […]
Tort/Negligence – Sole or Concurrent Negligence – Collateral Estoppel
Because the challenged provisions of the master subcontractor agreement (the Agreement) are not sufficiently clear and unequivocal to require the subcontractors to indemnify Builders FirstSource-Southeast Group, LLC (BFS) for BFS’s […]
Tort/Negligence – Indemnity and Duty to Defend Provisions – Sole Negligence
The circuit court did not err in finding “the indemnity and duty to defend provisions of the [Agreement] violate South Carolina public policy and § 32-2-10” because through these provisions […]
Tort/Negligence – Punitive Damages – Directed Verdict
The trial court erred by granting GCA Services Group, Inc.’s motion for a directed verdict on punitive damages because a jury could reasonably have found by clear and convincing evidence […]
Tort/Negligence – False Imprisonment – Negligence
Because probable cause did not exist as matter of law, the trial court did not err by denying the motions for a directed verdict and a JNOV on the false […]
Tort/Negligence – Section 230 of the Communications Decency Act – Third-Party Content
State law claims are barred by Section 230 of the Communications Decency Act because they seek to hold Facebook liable as a publisher of third-party content. We affirmed the district […]
Tort/Negligence – Safe School Climate Act – South Carolina Tort Claims Act
The teacher’s forceful grabbing of the minor student by the arm to the point of producing physical pain was enough evidence to allow the jury to infer it caused sufficient […]
Tort/Negligence – Wear and Tear Depreciation – Recalculation of Damages
Although Respondent-Petitioner Mundy’s Construction Inc. was not required to plead wear and tear as an affirmative defense under Rule 8(c), SCRCP, the court of appeals correctly held Mundy’s did not […]
Tort/Negligence – Wrongful Death – Medical Malpractice
Wife presented ample evidence that Appellant doctor acted with conscious indifference; thus, the circuit court properly denied Appellants’ directed verdict and JNOV motions as to “gross negligence, recklessness, willfulness, and […]
Tort/Negligence – State Law Negligence Claims — §319 of the Second Restatement of Torts
South Carolina courts have not applied §319 of the Second Restatement of Torts in the situation present in this case. We affirmed the district court’s order. Appellants Suzanne Scibek, individually […]
Tort/Negligence – Underinsured Motorist Action – Bad Faith Claim
The only claims available to the insured under an insurance contract are contract and bad faith claims. We affirmed the court of appeals’ decision. In 2014, Therese Hood was in […]
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
- Content Marketing: Where law firms lose referrals and how to prevent it
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
- Beyond burnout: The case for workplaces where people thrive
- The December question every leader should anticipate
- Best at Work Insights: Don’t Import 996: Why America Should Reject Overwork Culture
- Law ‘n History: The beer, scandal and haunted mansion of the Lemp dynasty
- Using QALY to quantify emotional distress in legal cases
- Building relationships strengthens law firms, professional growth
- Lawyers face new guidance on AI, tech competence
- Reflections of ‘mean judges,’ age and courtroom lessons
- How lawyers can leverage personal connections to build practices
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