Liberty Mutual Fire Insurance filed suit seeking a declaratory judgment on its obligations under multiple commercial general liability policies issued to J.T. Walker Industries and MI Windows for defense and settlement costs in five underlying state-court construction defect cases involving progressive property damage. After earlier rulings and a certified question to the South Carolina Supreme Court, the district court modified its prior order to hold that each triggered policy covers only the portion of damage occurring during its policy period rather than the full settlement amount. The court denied the insureds' motion for partial summary judgment and ruled that the insureds must pay a full deductible for each occurrence without proration tied to allocation among successive insurers. The decision rested on the policies' unambiguous language and South Carolina precedent emphasizing time-on-the-risk allocation for progressive losses.
This case is a CERCLA cost-recovery action in which Ashley II of Charleston, LLC sued PCS Nitrogen, Inc. to recover expenses for remediating contamination on a 33.95-acre industrial site in Charleston, South Carolina, and to obtain a declaratory judgment of joint and several liability. PCS responded by filing contribution claims under CERCLA § 113 against Ashley and other potentially responsible parties, leading to cross-claims and counterclaims among the defendants. After a liability-phase bench trial established PCS as the successor to a prior owner, the court bifurcated the case and held an allocation-phase trial to determine each party's share of responsibility based on evidence of their involvement with the site. The court issued findings of fact and conclusions of law under Rule 52, granting partial judgments to certain defendants and allocating cleanup costs according to the parties' respective contributions and equitable factors.
This case involved environmental organizations challenging the Federal Highway Administration's approval of a project to replace bridges and expand causeways on U.S. Highway 601 in the Congaree River floodplain within Congaree National Park boundaries. The plaintiffs contended that the agencies failed to comply with environmental review requirements when authorizing the work, which would fill wetlands and alter the floodplain. The court denied the plaintiffs' motion for summary judgment and granted the defendants' cross-motions, thereby upholding the project's authorization via an environmental assessment and finding of no significant impact. The core reasoning was that the defendants had adequately considered the project's effects, followed required permitting processes under statutes such as NEPA and the Clean Water Act, and properly concluded that the net wetland impact was minimal after restoration efforts.
This case is a CERCLA cost-recovery action in which Ashley II of Charleston, LLC sued PCS Nitrogen, Inc. to recover expenses for remediating hazardous substances on a 33.95-acre site in Charleston, South Carolina, with PCS filing contribution claims against multiple other parties alleged to be potentially responsible. The court, after bifurcated bench trials on liability and allocation, found PCS liable as successor-in-interest to a prior polluting owner (Columbia Nitrogen Corporation) and allocated shares of responsibility among the parties based on their involvement with the site. Core reasoning relied on CERCLA's strict liability provisions, evidence of historical operations and asset transfers establishing successor status, and equitable factors for contribution under section 113, while dismissing claims against certain defendants who lacked ownership at the time of suit or whose releases did not contribute to costs.
The case involved a dispute in bankruptcy proceedings over the priority of liens on $100,000 in settlement proceeds held by a Chapter 7 trustee for the benefit of William J. Gilliam. The IRS and South Carolina Department of Revenue claimed priority based on tax liens for unpaid taxes, while Gilliam argued that a later-filed security interest by the Gilliam Exempt Family Trust had priority due to erroneous releases of some tax liens. The bankruptcy court granted summary judgment to the IRS, finding its liens superior, and the district court affirmed this decision. The court reasoned that the tax liens were valid and prior in time, with any erroneous releases corrected before the competing lien was filed, and that claims regarding exemptions were irrelevant to the priority determination.
Luisa Gleaton sued Monumental Life Insurance Company alleging sexual harassment and discrimination on the basis of race, color, national origin, and sex under Title VII and 42 U.S.C. § 1981, along with wrongful termination in violation of public policy, FMLA violations, and claims under the South Carolina Human Affairs Law. The district court adopted the magistrate judge's recommendations in part by granting the defendant's motion to strike all references to the ADEA and EEO Act from the complaint with the plaintiff's consent. It also dismissed the wrongful termination claim with prejudice, finding no violation of a clearly mandated public policy and that statutory remedies under Title VII and § 1981 were available. The court denied without prejudice the motion to dismiss the FMLA and SCHAL claims, determining that they could proceed at that stage.