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Tag Archives: Tort/Negligence

Labor & Employment – Tort/Negligence – CFAA – Authorized Computer Access – Unauthorized Use (access required)

WEC Carolina Energy Solutions LLC v. Miller If an employee is authorized to access information on his employer’s computer, that employee’s misuse of the information is not a violation of the Computer Fraud and Abuse Act. We affirm the district court’s dismissal of plaintiff’s claim under the CFAA.

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Tort/Negligence – Auto/Train Collision – Crossing Safety – Evidence – Subsequent Remedial Measures – Jury Instructions (access required)

Stephens v. CSX Transportation, Inc. After a collision between a train and a car at a railroad crossing, the defendant-railroad company cut down trees near the crossing. Plaintiff argued that this evidence should have been admitted to impeach the railroad company’s position that the crossing was reasonably safe even with the trees in place.

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Tort/Negligence – Negligent Supervision – Public Employees – Gross Negligence Standard – Prisons & Jails – Sexual Assault by Guard (access required)

Hamilton v. Charleston County Sheriff’s Department Plaintiff’s criminologist testified that defendant was grossly negligent because it had grossly violated nationally accepted standards by failing to (1) minimize contact between male officers and female inmates, (2) monitor the officers’ whereabouts, and (3) implement adequate supervision mechanisms such as cameras and locked doors.

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Tort/Negligence – Tortious Interference with Contract – Real Property – Real Estate Agents’ Commission (access required)

Broach v. Carter Defendant was justified in interfering with the plaintiff-real estate agents’ contracts with their agency. The agency had breached its first contract with the developer by failing to sell enough condo units in the Horizon 77th project. If defendant had not agreed to subordinate the agents’ commissions to the construction loan, the project would not have gone forward.

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Tort/Negligence – Professional Negligence Claim – Civil Engineer – Real Property – Commercial – Subsequent Purchaser – Civil Practice – Evidence – Expert Witnesses (access required)

Ross Dress for Less, Inc. v. Lauth Construction Group, LLC When a geotechnical engineering firm performed work on a commercial warehouse construction project for the contractor and project owner, the firm did not owe a duty of care to a subsequent purchaser of the warehouse. The court grants summary judgment to the engineering firm, the contractor, and the grading subcontractor on the new owner’s negligence and gross negligence claims. The court denies the motion of the contractor and grading subcontractor to exclude structural repair damages claimed by the new owner.

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Tort/Negligence – Abuse of Process – Civil Conspiracy – Barratry – Ongoing Litigation – Appeals – Removal (access required)

Hickey v. Resolution Management Consultants, Inc. Since defendants’ abuse of process counterclaim alleges no acts other than plaintiffs’ – ultimately unsuccessful -- removal to federal court of four New Jersey state-court actions filed by defendants against plaintiff, defendants have failed to allege a willful act in the use of process not proper in the conduct of the proceeding.

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Tort/Negligence – Real Property – Slander of Title – Lis Pendens – Absolute Privilege – Unfair Trade Practices – Breach of Contract – Abuse of Process (access required)

D. R. Horton, Inc. v. Wescott Land Co. Even though the plaintiff-buyer allowed its first lis pendens to expire while the parties continued to negotiate, the buyer filed a second lis pendens on the same property and perfected it by filing this lawsuit involving that property. Therefore, the first lis pendens cannot form the basis of a slander of title claim.

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Insurance – Disability – Additional Policies – Different Terms – Time Limitations – Mental Disorders – ECT – Tort/Negligence (access required)

Doe v. Northwestern Mutual Life Insurance Co. Where neither plaintiff nor her insurance agent can remember what the agent said when, in 2002 and 2003, plaintiff purchased two additional disability policies pursuant to an additional purchase benefit (APB) rider in her 1996 disability policy, plaintiff cannot make out a claim for negligent misrepresentation.

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Insurance – Duty to Defend – Exclusion – Tort/Negligence – Defamation – Labor & Employment (access required)

Universal North America v. Frey The homeowners’ policy issued by the insurer to defendant excludes coverage for “personal injury” that is “sustained by any person as a result of an offense directly or indirectly related to the employment of this person by an ‘insured.’”

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Tort/Negligence – Defamation – Truth – Innuendo – Qualified Privilege – Banks & Banking – Loan Decision (access required)

Fountain v. First Reliance Bank A banker’s statement that the bank wouldn’t make a loan if plaintiff were involved was true. Even if the statement implied that plaintiff was a poor lending risk, since plaintiff participated in a failed business venture and has a history of neglecting to repay his obligations, the alleged implication was also true.

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