Banks & Banking – Constitutional – TARP & EEPA – Real Property – Foreclosure
First Citizens Bank & Trust Co. v. Spirakis (Lawyers Weekly No. 002-097-12, 7 pp.) (R. Bryan Harwell, J.) 4:11-cv-02895; D.S.C. Holding: The third-party plaintiff seeks actual and punitive damages...
View ArticleCorporate – Shareholders’ Lawsuit – Direct Claims – Stock Price Decline –...
Rice-Marko v. Wachovia Corp. (Lawyers Weekly No. 011-086-12, 10 pp.) (James E. Lockemy, J.) Appealed from Charleston County Circuit Court. (Roger M. Young, J.) S.C. App. Full-text opinion. Holding:...
View ArticleTort/Negligence – Defamation – Truth – Innuendo – Qualified Privilege – Banks...
Fountain v. First Reliance Bank (Lawyers Weekly No. 010-063-12, 9 pp.) (Kaye G. Hearn, J.) Appealed from Florence County Circuit Court. (D. Craig Brown, J.) S.C. S. Ct. Full-text opinion. Holding: A...
View ArticleCorporate – Shareholder Suit – Direct vs. Derivative – Banks & Banking –...
Bowen v. Houser (Lawyers Weekly No. 002-128-12, 9 pp.) (Margaret B. Seymour, Ch.J.) 3:12-cv-00173; D.S.C. Holding: Even though shares of stock are the personal property of the plaintiff-shareholders,...
View ArticleBanks & Banking – Mortgages – Real Property – Pay-Off – Failure to Cancel —...
Regions Bank v. Strawn (Lawyers Weekly No. 011-120-12, 13 pp.) (Aphrodite K. Konduros, J.) (John C. Few, Ch.J., dissenting) Appealed from Anderson County Circuit Court. (R. Lawton McIntosh, J.) S.C....
View ArticleTort/Negligence – Breach of Fiduciary Duty – Trusts & Estates – Banks &...
Mozingo v. Wells Fargo Bank (Lawyers Weekly No. 002-161-12, 25 pp.) (Terry L. Wooten, J.) 4:11-cv-00522; D.S.C. Holding: In its role as a trustee of plaintiff’s trust, the defendant-bank allegedly gave...
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Former bank exec’s slander claim must be arbitrated
A former bank executive signed away his right to sue his boss for slander when he agreed to a far-reaching arbitration clause with the bank he helped create, the South Carolina Supreme Court has ruled....
View ArticleTort/Negligence – UTPA – Banks & Banking – Investment Advice – Punitive Damages
Maybank v. BB&T Corp. (Lawyers Weekly No. 010-047-16, 31 pp.) (Jean Hoefer Toal, Acting Chief Justice) Appealed from Greenville County Circuit Court (Edward Miller, J.) S.C. S. Ct. Holding: After a...
View ArticleTort/Negligence – Banks & Banking – Fraud by Customer – Conversion &...
Song Chuan Technology (Fujian) Co., Ltd. v. Bank of America, NA (Lawyers Weekly No. 002-085-17, 8 pp.) (Richard Mark Gergel, J.) 2:16-cv-03269; D.S.C. Holding: Plaintiff alleges that a customer of the...
View ArticleBanks & Banking – Debt Collector – Fair Debt Collection Practices Act – Truth...
Appellant’s allegations were insufficient to support a conclusion that Bank of America was a “debt collector” within the meaning of the FDCPA. We affirmed the circuit court’s order. In this foreclosure...
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