Quantcast
Home / Opinion Digests (page 3561) /

Opinion Digests

Domestic Relations – PSA – Life Insurance Proceeds – Remedy At Law (access required)

Where the property settlement agreement provided that husband would continue to list his ex-wife as beneficiary on his life insurance proceeds, but after he re-married, he designated his new wife as beneficiary, and she received the proceeds upon his death, ...

Read More »

Civil Practice – Service Of Process – Va. Long Arm Statute – Secretary Of Commonwealth – Agent Of Foreign Airline (access required)

Where plaintiff is suing the Saudi Arabian Airlines for damages which allegedly arose out of the negligent conduct of the airline and an airport in the maintenance of an airport baggage handling device, there was proper service of process on ...

Read More »

Property – Partition – Waste – Rent Payments (access required)

Where plaintiff’s only evidence of waste of the jointly-owned property was her testimony that her review of photographs of the house showed that it had deteriorated, and there was no specific evidence of the dollar amount of waste, the commissioner ...

Read More »

Commercial – S.C. State Procurement Process – Bidding Preferences (access required)

Where plaintiff, a North Carolina manufacturer of concrete pipe, was awarded only two lots on a contract with the State of South Carolina despite being the low bidder on at least 14 lots, because of the state’s application of its ...

Read More »

Criminal – Sentencing – Downward Departure – Career Offender – Quantity (access required)

Where the district court departed downward from the federal sentencing guidelines for defendant’s crack cocaine distribution conviction because the court found that one of defendant’s prior convictions involved a sale of only $20 worth of PCP, that downward departure was ...

Read More »

Contract – Arbitration – Choice Of Arbitrators (access required)

Where the contract between an agency of the Nicaraguan government and a shipper of rice provided that “Any dispute…which may arise in the…performance of this Contract shall be resolved by arbitral award (decision of the arbitrators) chosen by mutual agreement….,” ...

Read More »

Negligence – Eleventh Amendment Immunity – State Port Authority (access required)

Where plaintiffs sue the South Carolina Ports Authority for injuries suffered when plaintiff truckdriver was forced to jump from the top of his truck as a forklift began unloading his cargo at the Ports Authority, the Authority has 11th Amendment ...

Read More »

Products Liability – Pleasure Boat – Defective Design – Expert Testimony (access required)

Where defendant in this products liability case alleging negligent design of and breach of warranty for a pleasure boat has presented an expert’s affidavit asserting that the difficulties plaintiff experienced were not attributable to manufacturing or design defects, but were ...

Read More »