Legal Opinion · Concurring in part, dissenting in part

Davis v. Parkview Apartments

Supreme Court of South Carolina

Decided August 6, 2014No. Appellate Case 2010-180666; Appellate Case 2010-180087; Appellate Case 2010-180086; Appellate Case 2010-180088; Appellate Case 2010-176826; 27429Published

1Concurring in part, dissenting in partJustice Pleicones

I concur in part and dissent in part. I concur in the majority’s affirmance of the recusal ruling but dissent from its affirmance of the contempt/sanctions issue. In my view, this appeal requires we review the merits of the Privilege Order as well as the Dismissal Order. As explained below, I find the Privilege Order is affected by an error of law and would reverse the Dismissal Order’s contempt findings related to that order. Further, I would hold the findings of fact cited in the Dismissal Order in support of the conclusion that appellants were in contempt of the Discovery Order are…

2Cases cited26 opinions

  1. Hearn v. RhayDistrict Court, E.D. Washington · 1975
  2. Rhone-Poulenc Rorer Inc. And Armour Pharmaceutical Company v. The Home Indemnity Company, a New Hampshire Corporation v. Aetna Casualty & Surety Insurance Aiu Insurance Company American Centennial Insurance Company Birmingham Fire Insurance Company First State Insurance Company Granite State Insurance Company Hartford Insurance Company Insco, Limited Insurance Company of Pennsylvania Lexington Insurance Company Manhattan Fire & Marine Insurance Company Motor Vehicle Casualty Company Old Republic Insurance Company Pantry Pride Inc. Promethean Insurance, Ltd. Prudential Reinsurance Company Puritan Insurance Company Revlon Inc. Twin City Insurance Company London Market Co. John Barrington Hume, as Representative of Underwriters at Lloyds Insurance Company of North America National Union Fire Insurance Company of Pittsburgh, Pennsylvania All City Insurance Company Employer's Mutual Casualty Gibralter Casualty Company Landmark Insurance Company New England Insurance Company Royal Insurance Company Republic Insurance Company International Insurance Company Pacific Insurance Company, Ltd. Atlanta International Insurance Company Century Indemnity Company Liberty Mutual Insurance Company Transport Insurance Company Midland Insurance Company Integrity Insurance Company Union Indemnity Insurance Transit Casualty Company City Insurance Company Drake Insurance Company Excess Insurance Company Home Insurance Company Pacific Employer's Insurance Company Royal Indemnity Company Zurich International Insurance Company Henrijean Illinois National Insurance Company North Star Reinsurance Company and National Casualty Insurance Company, and the Honorable James McGirr Kelly, United States District Judge for the Eastern District of Pennsylvania, Nominal Morgan, Lewis & Bockius Reed Smith Shaw & McClay Shanley & Fisher, P.C. Hughes Hubbard & Reed Montgomery McCracken Walker & Rhoads Skadden Arps Slate Meagher & Flom and Coopers & Lybrand, Intervenors in Support of Rhone-Poulenc Rorer Inc. And Armour Pharmaceutical Company v. The Home Indemnity Company, a New Hampshire Corporation v. Aetna Casualty & Surety Insurance Aiu Insurance Company American Centennial Insurance Company Birmingham Fire Insurance Company Transportation Insurance Company First State Insurance Company Granite State Insurance Company Hartford Insurance Company Illinois National Insurance Co. Insco, Ltd. Insurance Company of the State of Pennsylvania Lexington Insurance Company Manhattan Fire & Marine Insurance Company Motor Vehicle Casualty Company National Union Fire Insurance Company of Pittsburgh, Pa New England Reinsurance Company New Hampshire Insurance Company Old Republic Insurance Company Pacific Employers Insurance Company Pantry Pride, Inc. Promethean Insurance, Ltd. Prudential Reinsurance Company Puritan Insurance Company Revlon, Inc. Twin City Insurance Company the London Market Companies and John Barrington Hume, a Representative of Underwriters at Lloyds of London and Revlon, Inc. v. City Insurance Company Drake Insurance Company Excess Insurance Company Henrijean the Home Insurance Company Pacific Employer's Insurance Company Royal Indemnity Company Zurich International Insurance Company Insurance Company of North America National Union Fire Insurance of Pittsburgh, Pa All City Insurance Company Employers Mutual Casualty Company Gibralter Casualty Company Landmark Insurance Company New England Insurance Company Royal Insurance Company Republic Insurance Company International Insurance Company Pacific Insurance Company, Ltd. Atlanta International Insurance Co. Century Indemnity Company Liberty Mutual Insurance Company Transportation Insurance Company Midland Insurance Company Pacific Insurance Company, Ltd. Atlanta Insurance Company Ltd. Century Indemnity Company Liberty Mutual Insurance Midland Insurance Company Integrity Insurance Company Union Indemnity Insurance Company Transit Casualty Company Royal Insurance Company Royal Indemnity Company New England Insurance Company Insurance Company of North America North Star Reinsurance Company and National Casualty Insurance Company, Morgan, Lewis & Bockius Reed Smith Shaw & McClay Shanley & Fisher, P.C. Hughes Hubbard & Reed Montgomery McCracken Walker & Rhoads Skadden Arps Slate Meagher & Flom and Coopers & Lybrand, Intervenors-AppellantsCourt of Appeals for the First Circuit · 1994
  3. Pritchard v. County of ErieCourt of Appeals for the Second Circuit · 2008
  4. Commonwealth v. HarrisSupreme Court of Pennsylvania · 2011
  5. Remington Arms Co. v. Liberty Mutual InsuranceDistrict Court, D. Delaware · 1992

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