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Civil Practice – Products Liability – Modifications to Scheduling Order
Plaintiff’s failure to timely disclose expert testimony, after lacking diligence to modify the scheduling order under Rule 16, was fatal to his product liability claims. We affirmed the district court’s […]
Criminal Practice – Uniform Code of Military Justice – Jurisdiction
Federal courts lack authority to revisit a military conviction where the petitioner’s claims either failed to raise a true jurisdictional defect or had already received full and fair consideration in […]
Criminal Practice – Juror Bias – Murder of Transgender Woman in Violation of Federal Hate Crimes Statute
The evidence was sufficient and the district court properly rejected claims of juror bias and trial error. We affirmed Defendant’s convictions for murdering a transgender woman in violation of the […]
Administrative Law – Administrative Procedure Act – Statutory Authority
The district court lacked jurisdiction over what were essentially contract-based claims under the Tucker Act and that Plaintiffs’ separation-of-powers/ultra vires theories failed to meet the strict standards for nonstatutory review. […]
Constitutional – Standing – South Carolina’s Juvenile Detention System
Advocacy organizations lacked Article III standing and a §1983 cause of action because only the detained youth themselves, not the groups, are the proper parties to challenge the alleged unconstitutional […]
Civil Practice – Res Judicata – Earlier Settlement and Dismissal
A prior settlement agreement and state-court dismissal encompassed all claims that could have been brought in the earlier litigation. We affirmed summary judgment holding that Clear Touch’s federal intellectual property […]
Civil Practice – Federal Arbitration Act – Multi-District Litigation
A district court cannot condition a party’s ability to assert its Federal Arbitration Act (FAA) right to a stay on the consent of multi-district litigation (MDL) lead counsel. We vacated […]
Military HIV enlistment ban upheld by 4th circuit
The 4th U.S. Circuit Court of Appeals upheld the military’s categorical bar on enlisting individuals with HIV, ruling that the policy is constitutionally valid and not arbitrary under the Administrative […]
Civil Practice – Jurisdiction – Conspiracy Theory
There are no factual allegations plausibly connecting Third-Party Defendant Westerfeld Construction by Glick LLC to South Carolina. We affirmed the judgment of the district court. Westerfeld Construction, a Florida-based general […]
Civil Practice – Res Judicata – Collateral Estoppel
Res judicata and collateral estoppel preclude many of the cabinet maker’s claims. We affirmed the district court’s orders. After a squabble developed over a cabinet and closet job for a […]
Antitrust – State Action Immunity – Federal Antitrust Liability
The City of North Myrtle Beach, South Carolina enjoys state action immunity from federal antitrust liability. We affirmed the district court’s judgment. The City of North Myrtle Beach, South Carolina […]
Elections – Public Interest Legal Foundation’s Standing – National Voter Registration Act of 1993
The district court has to determine whether the Public Interest Legal Foundation (PILF) has Article III standing to seek disclosure of South Carolina’s voter registration list under the National Voter […]
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
- We tore out our own backup generator
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- The third option: Why your best employees are quietly losing their edge
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Where is she now, this model who was so beautiful?
- 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
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