Tag Archives: statutory construction

August 15, 2014 4th Circuit published opinions

Russell v Absolute Collection Services, Inc.  Absolute appealed the judgment against it for violating the Fair Debt Collection Act, 15 USC 1692e, and state law based on collection letters to Russell after Russell paid the debt involved. The panel affirmed. … Continue reading

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August 6, 2014 South Carolina Supreme Court published opinions

Brouwer v Sisters of Charity Providence Hospitals Brouwer filed a notice of intent to sue Hospitals and other medical providers for malpractice. She did not file an expert affidavit arguing her allergic reaction to latex was within common knowledge. The … Continue reading

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August 4, 2014 South CArolina Court of Appeals published opinion

Brown v Baby Girl Harper Birth mother signed a consent to adopt. No attorney witness saw her sign and there were no witnesses to any discussions of the terms of the consent. The family court ruled the lack of required … Continue reading

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July 23, 2014 South Carolina Supreme Court published opinions

Ashley II of Charleston, LLC v PCS Nitrogen, Inc. The federal district court certified a question to the Court asking if the negligence bar to enforcing an indemnity agreement applies in the context of contribution under the federal CERCLA statute. … Continue reading

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July 22, 2014 4th Circuit published opinion

King v Burwell King sued for a declaration that the IRS rules implementing tax credits for insurance policies purchased on federal exchanges under eh Affordable Care Act was void as against the plain language of the Act. The district court … Continue reading

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July 16, 2014 South Carolina Supreme Court published opinions

In the Interest of Steven W. Steven W. challenged his delinquency adjudication arguing his right to jury trial was violated. The Court affirmed. It held there is no federal constitutional right to a jury in delinquency proceedings as the United … Continue reading

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July 10, 2014 4th Circuit published opinions

Petry v Prosperity Mortgage Company Petry brought a class action suit against Prosperity alleging it collected illegal finder’s fees when Petry purchased a house and Prosperity arranged for the mortgage loan. The district court ruled there were no finder’s fees … Continue reading

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July 9, 2014 South Carolina Supreme Court published opinions

Ferguson Fire and Fabrication, Inc. v Preferred Fire Protection, LLC Ferguson provided fire sprinklers as a subcontractor in the building of a call center for Immedion, LLC. When the contractor failed to pay for the sprinklers, Ferguson sent notice under … Continue reading

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June 23, 2014 United States Supreme Court opinions

Loughrin v United States Loughrin was charged with several counts of bank fraud under 18 USC 1344(2). He argued that the government must prove he intended to defraud a federally chartered bank and not the merchant he wrote forged checks … Continue reading

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June 18, 2014 South Carolina Supreme Court published opinions

In the Matter of Kristie Ann McAuley McAuley served as a deputy public defender. She represented defendants not eligible for representation by the public defender and accepted payment from one defendant. She agreed to discipline and the Court suspended her … Continue reading

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