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Nexsen Pruet's Torts, Insurance and Products Blog: Highlights from August 2018

South Carolina Supreme Court Clarifies Successor Liability - How to successfully pierce the corporate veil has been shrouded in a degree of mystery in South Carolina, to both those in pursuit of and those defending against...more

Declaratory Judgement by Insurer: The court provides a limitation on attorney's fees and a definition of "prevailing party" under...

Federal Rule of Civil Procedure 54(d) provides, in pertinent part, that “[u]nless a federal statute, these rules, or a court order provides otherwise, costs – other than attorney’s fees – should be allowed to the prevailing...more

Rule 68 Offers of Judgment - Proceed with Caution

If there is any occasion in civil litigation that calls for caution by counsel, it is the drafting of a Rule 68 offer of judgment, so warns the Fourth Circuit. Consistent with the general rule of contract construction,...more

South Carolina Unfair Trade Practices Act: Attorney’s Fees Do Not Constitute Actual Damages

To prevail in a claim for violation of the South Carolina Unfair Trade Practices Act (SCUTPA), a claimant must establish 1) the opposing party engaged in an unlawful trade practice, 2) the claimant suffered actual,...more

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