South Carolina Lawyers Weekly

Nov 11, 2015

Contract – Forum Selection Clauses – Civil Practice – Venue

Quarterman v. Radius Engineering International Inc. (Lawyers Weekly No. 002-202-15, 5 pp.) (Mary Lewis, J.) 8:15-cv-01598; D.S.C. Holding: Since the forum-selection clauses in the parties’ contracts do not contain specific […]

Sep 23, 2015

Civil Practice – Personal Jurisdiction – Venue – Labor & Employment – Covenant Not to Compete – Trade Secrets Misappropriation

Vessel Medical, Inc. v. Elliott (Lawyers Weekly No. 002-166-15, 14 pp.) (Mary Lewis, J.) 6:14-cv-00330; D.S.C. Holding: Even though defendants are North Carolina residents, the South Carolina plaintiffs allege that […]

Jun 23, 2015

Civil Practice — Venue – Transfer – Bankruptcy – Texas Claim

Campbell v. Williams (Lawyers Weekly No. 002-115-15, 12 pp.) (Andrew Hanen, J.) 2:15-cv-02395; D.S.C. Holding: Now that the South Carolina bankruptcy trustee has been substituted for the Texas claimant as […]

Jan 20, 2015

Civil Practice — Venue – Receivership – S.C. Victims – Contract – Forum Selection Clause

Ashmore v. Allied Energy, Inc. (Lawyers Weekly No. 002-009-15, 8 pp.) (J. Michelle Childs, J.) 8:14-cv-00227; D.S.C. Holding: The plaintiff-receiver represents the interests of numerous South Carolina citizens victimized by […]

Dec 23, 2014

Civil Practice — Venue – Homeowners’ Insurance – Golf Course Altercation

State Farm Fire & Casualty Co. v. Blanton (Lawyers Weekly No. 002-254-14, 8 pp.) (R. Bryan Harwell, J.) 4:13-cv-02508; D.S.C. Holding: Even though defendants’ altercation took place within the Beaufort […]

Mar 28, 2012

Criminal Practice – Venue – D.C. Seafood Wholesaler – Untagged & Oversized Striped Bass – False Statements – Maryland Federal Court

U.S. v. Oceanpro Industries Ltd. The government could prosecute a District of Columbia seafood wholesaler and two of its employees in Maryland federal court on charges of buying untagged and oversized striped bass, and the employees for giving a false statement to federal law enforcement officers, and the 4th Circuit affirms defendants’ convictions and the restitution order of $300,000 [...]

Mar 26, 2012

Contract – Civil Practice – Venue – Forum Selection Clause – Yellow Pages Ad – Website Terms & Conditions

Leventis v. AT&T Advertising Solutions Where a lawyer signed a Yellow Pages ad order that said he had read and agreed to the Yellow Pages company’s additional terms and conditions – which included a forum selection clause naming Georgia as the venue for contract disputes – the lawyer is bound by the forum selection clause. Defendant’s motion to dismiss is granted.

Mar 15, 2012

Criminal – Sex Abuse – Venue – Air Force – Japanese Base – Statements to Investigators

U.S. v. Holmes A defendant convicted of aggravated sexual abuse of a child for twice forcing his stepdaughter, under age 9, to perform oral sex on him during a time defendant was stationed in Japan with the Air Force, has his convictions affirmed by the 4th Circuit despite his challenge to venue and claim that his statements to investigators should have been excluded.

Mar 8, 2012

Criminal Practice – Venue – Sexual Exploitation of a Minor – Internet Communication – Traveling to Meet Victims

U.S. v. Engle A defendant who separately met 13- and 17-year-old girls on the Internet and traveled to meet them and have sexual relations with them, including making a video of his sexual encounter with the 17-year-old, properly was prosecuted in Virginia for sexual exploitation of a minor, and the 4th Circuit affirms that conviction and his convictions for attempted enticement of a mino[...]

Feb 24, 2012

Civil Practice – Venue – Intellectual Property – Trademark Infringement Lawsuits – Candle Wicks

MVP Group International, Inc. v. Smith Mountain Industries Defendant Smith Mountain Industries filed suit in federal court in Virginia alleging that plaintiff MVP Group’s use of a “WW” mark for its “Wonderful Wicks” line of candles infringed on Smith Mountain’s “WW” mark, which it uses with its “Wood Wicks” line of candles. Subsequently, MVP Group filed this action all[...]

Dec 22, 2011

Criminal Practice – Criminal Sexual Conduct – Evidence – Prior Conviction – Jury & Jurors — Batson — Venue

State v. Taylor Given the similarities between defendant’s two rapes of the victim, the trial court did not err when it admitted evidence of the 1999 rape at defendant’s trial for the 1998 rape. We affirm defendant’s convictions and sentence of life without parole for criminal sexual conduct with a minor in the second degree and kidnapping.

Feb 2, 2011

Civil Practice – Venue – Defendant’s Residence – Tort/Negligence – Defamation

Assa'ad-Faltas v. Drye. Where defendant established he was a citizen and resident of Lexington County, the circuit court did not err in granting his motion to change venue to Lexington County. We affirm the circuit court's orders granting defendant's motions to change venue, to strike, and to dismiss ...