By: Teresa Bruno, Opinions Editor June 23, 2017 Payne v. Wal-Mart Stores East, L.P. (Lawyers Weekly No. 002-161-17, 6 pp.) (Mary Geiger Lewis, J.) 8:16-cv-02140; D.S.C. Holding: According to store surveillance footage, about four minutes before plaintiff slipped and fell in a puddle of milk, a child dropped a…

By: Deborah Elkins June 21, 2017 Abella Owners’ Ass’n v. MI Windows & Doors Inc. (Lawyers Weekly No. 001-140-17, 17 pp.) (Niemeyer, J.) No. 16-1146, June 20, 2017; USDC at Charleston, S.C. (Norton, J.) 4th Cir. Holding: An owners’ association that did not opt out of…

By: Teresa Bruno, Opinions Editor June 19, 2017 Ashmore v. Owens (Lawyers Weekly No. 002-160-17, 6 pp.) (J. Michelle Childs, J.) 8:15-cv-02373; D.S.C. Holding: Where plaintiff has brought a fraudulent conveyance action for the recovery of a fixed sum of money, defendant has a right to a jury determination…

By: Teresa Bruno, Opinions Editor June 16, 2017 Hand Held Products, Inc. v. Code Corp. (Lawyers Weekly No. 002-157-17, 12 pp.) (Richard Mark Gergel, J.) 2:17-cv-00167; D.S.C. Holding: Defendant’s state-law injurious falsehood and tortious interference counterclaims are not preempted by the Patent Act because defendant alleges that plaintiff went…

4th Circuit denies UIM to woman returning to vehicle By: Phillip Bantz June 15, 2017 What does it mean to “occupy” a vehicle? For a South Carolina federal judge, intent was the key. But the 4th U.S. Circuit Court of Appeals focused on proximity. The appellate court on May…

By: Deborah Elkins June 7, 2017 U.S. v. Giddins (Lawyers Weekly No. 001-125-17, 46 pp.) (Floyd, J.) No. 15-4039, June 6, 2017; USDC at Baltimore, Md. (Quarles, J.) 4th Cir. Holding: A split 4th Circuit panel reverses defendant’s bank robbery conviction; the majority says defendant was in custody because…

By: Teresa Bruno, Opinions Editor June 9, 2017 Alston v. DIRECTV, Inc. (Lawyers Weekly No. 002-147-17, 51 pp.) (J. Michelle Childs, J.) 3:14-cv-04093; D.S.C. Holding: The FLSA provides an exemption from 29 U.S.C. § 207(a)’s overtime wage requirement for qualifying employers that employ the employee in “a retail or…

By: Scott Baughman June 8, 2017 You may have reached this page due to new security upgrades that have been implemented regarding multiple user logins. For security reasons, only one user is able to be signed in to an account per session. If multiple users at a single site…

By: Deborah Elkins June 7, 2017 Martin v. Duffy (Lawyers Weekly No. 001-126-17, 24 pp.) (Wynn, J.) No. 16-6132, June 1, 2017; USDC at Florence, S.C. (Norton, J.) 4th Cir. Holding: Plaintiff inmate stated a claim for a First Amendment violation based on defendant correctional officer placing him in…

By: Teresa Bruno, Opinions Editor June 5, 2017 CSX Transportation, Inc. v. Baltimore & Annapolis Railroad Co. (Lawyers Weekly No. 002-144-17, 10 pp.) (R. Bryan Harwell, J.) 4:15-cv-01014; D.S.C. Holding: Pursuant to a written contract, defendant was responsible for the cost of maintaining a railroad crossing…

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