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Tag Archives: Civil Practice

Court will not seal infant settlement terms (access required)

Where the parties in this medical malpractice case, a minor, his mother and several defendants, made a pretrial settlement of plaintiffs’ claims, the court will not seal the settlement terms. Although the wrongful death statute requires settlement terms to be ...

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Sufficient evidence to prove breach of duty (access required)

There was sufficient evidence to support the jury’s determination that appellant breached her fiduciary duty in connection with dealing with the decedent’s funds. However, the trial court correctly reduced the jury’s damage award after determining that appellant acted properly when ...

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‘Virtual representation’ not a basis for issue or claim preclusion (access required)

Issue and claim preclusion was improperly applied to dismiss counterclaims filed by restaurant employees under the Fair Labor Standards Act and South Carolina Wage Payment Act. The Supreme Court has refused to recognize the “virtual representation exception” relied upon by ...

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Report to government did not waive attorney-client privilege (access required)

Where a government contractor conducted an internal investigation of an alleged conflict of interest involving an employee and reported to the government that the employee might have violated the False Claims Act, it did not waive the attorney-client privilege because ...

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