4th Circuit upholds conviction in SC senior’s slaying
The 4th U.S. Circuit Court of Appeals has upheld the 2022 conviction of Dominique Devonah Brand for kidnapping resulting in death, carjacking resulting in death and using or carrying a firearm during a...
View Article4th Circuit: Arbitrator will resolve dispute over arbitration agreement’s scope
Where the parties’ contract delegates the arbitrability question to an arbitrator, a court possesses no power to decide the arbitrability issue, even if the court thinks that the argument that the...
View ArticleSC Supreme Court sets policy on use of AI
Artificial intelligence can be used in South Carolina courts under rather tight guidelines of an interim policy issued Tuesday over Chief Justice John W. Kittredge’s signature. The policy comes “[i]n...
View ArticleFast-evolving cryptocurrencies challenge lawyers
New leadership in the White House has meant a lot of noisy changes, but some of the quieter and more far-reaching ones might be occurring in the area of digital assets, where the first president to...
View ArticleCourt reverses dismissal of employment discrimination case
Viewing the evidence in the light most favorable to the plaintiff, a reasonable jury could find that a Black woman’s acting supervisor harbored discriminatory animus towards her, built a case against...
View ArticleTop 5 ways to improve client service with technology
ROCHESTER, N.Y. — Come Wednesday, I’m looking forward to attending and speaking at the ABA TECHSHOW. One of the sessions will focus on using technology to provide client-friendly legal representation....
View ArticleU.S. Supreme Court upholds ‘ghost gun’ regulation
The federal Gun Control Act’s definition of “firearm” is broad enough to authorize the regulation of weapon parts kits “designed to or may readily be converted to expel a projectile” and “partially...
View ArticleSCOTUS refines trustee’s power to claw back tax payments
In a case involving a bankruptcy trustee’s §544(b) action to claw back $145,000 shareholders in a failed Utah company misappropriated to pay their personal tax liabilities, Bankruptcy Code §106(a)’s...
View ArticleThe accountability complex: Why Musk’s email gets it wrong
By Jaime Raul Zepeda In late February, a directive from Elon Musk ricocheted through corporate America: “Email me the five things you did this week by Friday EOD.” The memo, blunt and unadorned,...
View Article4th Circuit: Healthcare False Claims Act lawsuit is reinstated
Where a former employee alleged opioid use disorder treatment clinics created notes for therapy sessions that did not actually occur, she plausibly alleged claims under the federal False Claims Act....
View Article4th Circuit: Loud ‘vulgar’ music limits violate First Amendment
Where the district court declined to enjoin a portion of a South Carolina statute making it a crime to broadcast “vulgar” language from a commercial property above certain volumes, because it viewed it...
View Article4th Circuit: Tenant sues credit reporting agency for inadequate investigation
Where a consumer alleges that a consumer reporting agency failed to reasonably investigate an indirect dispute under the Fair Credit Reporting Act, they must allege facts that, if true, show the credit...
View ArticleCourt upholds $3.8M attorney fee award
SUMMARY 4th Circuit upheld $3.8M fee award for Montgomery Park in long-running lease dispute. Court found defense and counterclaims shared a “common core of facts.” Demand for fees under lease deemed...
View ArticleSouth Carolina Supreme Court upholds contested eviction order
SUMMARY SC Supreme Court reinstates eviction order from 2018 Magistrates can hear eviction cases despite title disputes Court confirmed a landlord-tenant relationship existed Tenants claimed verbal...
View ArticleAI fair use ruling limits copyright defenses
SUMMARY Delaware federal judge rules Westlaw headnotes are copyrightable. Ross Intelligence’s use of Westlaw-derived content not deemed fair use. Case distinguishes between generative and traditional...
View ArticleCourt rules SC tax credit is annual
SUMMARY SC Court of Appeals ruled the $5M tax credit is annual, not lifetime. Duke Energy challenged the Department of Revenue’s credit disallowance. The court emphasized the statute supports yearly...
View ArticleHijinks aplenty in the ‘Hillbilly Heist’
By R. Marc Kantrowitz Making a measly $8.15 an hour, David Ghantt thought he deserved far more. He was a hardworking, married military veteran, but he could not rise above poorly paying jobs. Finding...
View ArticleFourth Circuit upholds asbestos plan as made in good faith
SUMMARY Fourth Circuit affirms Kaiser Gypsum’s Chapter 11 reorganization plan. Court rejects Truck Insurance’s fraud and bad faith objections. Plan found to meet Bankruptcy Code’s good faith and...
View ArticleCourt revives real estate advisor’s equity pay claim
SUMMARY Appeals court reinstates advisor’s claim for unpaid services. Consultant alleges handshake deal promised 20% equity stake. Contract and estoppel claims dismissed for lack of agreement. Case...
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