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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 […]
Criminal Practice – First Step Act of 2018 – Time Credits
Because Appellant’s multiple-term sentence includes a sentence for a disqualifying conviction and is, by reason of § 3584(c), to be treated as a single aggregate sentence, Appellant is ineligible for […]
Criminal Practice – Special Condition – Court-Mandated Drug Testing
The plain terms of Special Condition 10 foreclosed Defendant’s appellate contention. We affirmed Defendant’s sentence. In this criminal appeal from the District of South Carolina, Defendant contested a single special […]
Criminal Practice – First Step Act Sentence Reduction – Redressability
We left for another day the question of whether an amended criminal judgment entered after a First Step Act sentence reduction qualifies as a new judgment for purposes of the […]
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
- ‘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
- 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
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