By MK Law | Published March 24, 2020 | Posted in Litigation Strategy, Settlements and Verdicts | Leave a comment
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March 2020
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South Carolina Cap on Punitive Damages: Statutory Right or Affirmative Defense?
On January 15, 2020, the South Carolina Court of Appeals issued its opinion in Garrison v. Target Corporation, and sent civil defense attorneys into a frenzy. The landmark decision rocked the civil litigation world, as the three-judge panel held that the cap on punitive damages found in S.C. Code Ann. § 15-32-530 was an affirmative Read More
Read MoreThe Collateral Source Rule in North Carolina: Hairston v. Harward
The collateral source rule is a substantive rule concerning damages. It prohibits a plaintiff’s recovery from being reduced by some source “collateral” to the defendant. What this means is that a defendant is generally not permitted to introduce evidence that the plaintiff has received compensation for his or her injuries from some source independent from Read More
Read MoreMultiple UIM Policies for One Claimant: Who Gets the Credit?
In underinsured motorists (“UIM”) cases in which more than one UIM insurer provides coverage, the insurers may dispute how the liability insurance credit should be apportioned among them. This situation comes up with some regularity when a UIM beneficiary is an insured under their own policy and is also an insured under a second policy Read More
Read MoreLiability Always, Usually, Often, Sometimes Rolls Downhill: Indemnity Problems in Construction Litigation
A sleek, mixed-use development in Raleigh offers its tenants a concierge service, private Juliet balconies, and common-area foosball tables. Feet on the desk, the developer calls investor after investor with the same pitch on millennials’ taste for toys and luxury. Fast-forward three year and five missed project deadlines, a general contractor looks up from the Read More
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