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Tag Archives: Civil Practice

Attorneys’ fees ordered as discovery sanction (access required)

Where plaintiff did not disclose, in response to defendant’s discovery request, a medical care provider he consulted for a second opinion in this medical malpractice case, plaintiff must pay defendant’s attorneys’ fees relating to the discovery violation. Background Plaintiff sued ...

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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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