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Tort/Negligence – Medical Malpractice – Evidence of Bias
The trial court erred by refusing to admit evidence regarding an office manager’s sexual relationship with a doctor, her salary, and the free cosmetic procedures she received from the doctor. […]
Tort/Negligence – Independent Contractor – Direct Negligence Claims
The circuit court erred in granting summary judgment as to the negligent hiring claims. We reversed the summary judgment on Appellant’s direct negligence claims; reversed the summary judgment as to […]
Tort/Negligence – Medicaid Waiver Program – Emergency Protective Custody
We found almost no nexus between the sweeping and conclusory arguments on appeal, casting aspersions on how the South Carolina Medicaid waiver program is run and attempting to connect this […]
Tort/Negligence – Dual Capacity Doctrine – Dual Persona Doctrine
Summary judgment was premature where the dual persona doctrine could apply in this wrongful death and survival case. We reversed the order of the circuit court. In 2017, Samel Ragin […]
Tort/Negligence – Wrongful Death – Comparative Negligence – Breach of Duty – Proximate Cause – Damages
Sandpiper Independent & Assisted Living-Delaware, LLC owed resident Delila Parrott no duty because internal policies cannot, standing alone, create a duty in South Carolina, and there is no evidence that […]
Tort/Negligence – South Carolina Tort Claims Act – Intentional Infliction of Emotional Distress – Reckless Infliction of Emotional Distress
The bar under the South Carolina Tort Claims Act of claims of “intentional infliction of emotional harm,” S.C. Code [Ann.] § 15-78- 30(f), applies to claims of reckless infliction of […]
Tort/Negligence – Personally Identifying Information – Protected Health Information – 42 U.S.C. §233(a) – Immune From Suit – Federal Tort Claims Act
42 U.S.C. §233(a) does not apply to appellant’s claims because appellee was not performing a related function when an unnamed third party hacked and stole appellant’s personally identifying information. The […]
Tort/Negligence – Henderson v. Allied Signal Inc. – Substantial Factor Causation Test – Products Liability – Proximate Cause
We reaffirmed South Carolina’s adherence to the substantial factor causation test we adopted in Henderson v. Allied Signal, Inc. We affirmed the Court of Appeals. In this asbestos/mesothelioma case, we […]
Tort/Negligence – Medical Negligence – Statute of Limitations – Negligent Supervision – Informed Consent Doctrine
Circuit court erred in finding the statute of limitations barred medical negligence claim. We affirmed in part, reversed in part, and remanded. In this negligence action, appellants Anita and James […]
Tort/Negligence – Asbestos Personal Injury – Dissolved Corporation – Receivership – Statute of Repose – Lack of Standing
An asbestos personal injury plaintiff is not precluded from bringing claims against a dissolved corporation and nothing from a prior receivership precludes the current receivership or personal injury asbestos claimants […]
Tort/Negligence – Defamation – South Carolina Tort Claims Act – Immunity – Actual Malice
Public official plaintiff failed to produce sufficient evidence of actual malice and failed to show that the statements in question were directed at him individually or that they were false. […]
Tort/Negligence – Allocating Setoffs – Joint Settlement Proceeds – Jury Verdicts
Appellants’ decision not to specifically allocate joint settlement proceeds supported their assertion that they intended to allocate it equally amongst themselves. The order of the circuit court is affirmed. This […]
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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