Carolina Park Associates, LLC v. Marino The same people were involved in two companies: (1) CDM of Charleston, LLC (CDM), which held a second mortgage on the Carolina Park real estate development and (2) MDC of Charleston, LLC (MDC), which was a member of the limited liability company that owned Carolina Park (Carolina Park Associates, LLC).

Tagged with: Corporate Foreclosure Lis pendens Mortgages Real Property Tort/Negligence

Mozingo v. Wells Fargo Bank In its role as a trustee of plaintiff’s trust, the defendant-bank allegedly gave plaintiff advice in April 2008 about a contract that plaintiff then signed in June 2008. Since plaintiff terminated the bank’s role as trustee in May 2008, the bank’s April 2008 advice about the June 2008 contract cannot serve as the basis for plaintiff’s breach of fiduciary duty claim.

Tagged with: Banks & Banking Breach of Fiduciary Duty Tort/Negligence Trusts & Estates

Hand v. SunTrust Bank, Inc. Plaintiff was fired from her job as assistant branch manager for servicing the business account of a company for which she performed part-time work. Plaintiff alleges her supervisors at the defendant-bank engaged in negligent misrepresentation when they directed her to service the account.

Tagged with: Labor & Employment Negligent Misrepresentation Tort/Negligence Wrongful Termination

Insurance Products Marketing, Inc. v. Conseco Life Insurance Co. Despite a settlement agreement that severed the parties’ business ties, defendants have continued to use plaintiffs’ names on their business correspondence. By doing so, defendants may have been taking advantage of plaintiffs’ reputations or the value associated with their names.

Tagged with: Civil Practice Contract invasion of privacy Settlement Agreement Statute of Limitations Tort/Negligence

Broach v. Carter Although the plaintiff-real estate agents showed that defendant Jacobson knew he was causing the defendant-real estate agency to breach its contract with plaintiffs by subordinating their commissions to the development’s construction loan, Jacobson was justified in doing so. Without a renegotiated construction loan, neither plaintiffs nor anyone else involved in the project would have gotten paid.

Tagged with: Real Property Tort/Negligence Tortious Interference With Contract

Weil v. Killough The plaintiff-client alleges that the defendant-attorney, who also served as the client’s attorney-in-fact, failed to inform the client when the Patent and Trademark Office sent the attorney notice that a 7.5-year maintenance fee was due on the client’s patent.

Tagged with: Attorneys Civil Practice Federal Jurisdiction Legal Malpractice Claim Patent Law Tort/Negligence

Dutch Fork Development Group II, LLC v. SEL Properties, LLC Since plaintiffs – respondents in this appeal -- failed to include the defendant-limited liability company’s operating agreement in the record, we cannot discern the precise parameters of defendant-appellant Lipscomb’s authority as the LLC’s managing agent. Furthermore, plaintiffs failed to identify how Lipscomb exceeded such authority.

Tagged with: Tort/Negligence

Boyd v. United States Plaintiff was informed after surgery that her bowel had been perforated and re-sectioned. Plaintiff developed chronic diarrhea immediately after surgery, but no medical professional linked the diarrhea to the surgery until 10 months later. Contrary to the parties’ arguments, the court is convinced that plaintiff became aware of her injury and its cause sometime between her surgery and her visit to a nurse practitioner 10 months later.

Tagged with: Civil Practice Medical Malpractice Statute of Limitations Tort/Negligence

RFT Management Co. v. Tinsley & Adams L.L.P. Since the parties agreed at trial that plaintiff’s legal malpractice claim involved questions of fact that required submission of the claim to a jury, plaintiff may not now complain that it was entitled to judgment as a matter of law on its legal malpractice claim.

Tagged with: Attorneys Fiduciary Duty Legal Malpractice Claim Real Property Securities Tort/Negligence Unfair Trade Practices

Donovan v. Wal-Mart Stores, Inc. The court grants plaintiff’s discovery requests after limiting them to similar incidents within five years before plaintiff’s decedent died during a physical altercation after he was accused of shoplifting.

Tagged with: Civil Practice Discovery Tort/Negligence wrongful death