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5 South Carolina opinions name it 2 courts 2017–2023 3 in the last five years
The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Smith v. Tiffanygreen2 sentences2022In differentiating between Scapa's request to admit the bankruptcy claims with an attempt to establish an empty-chair defense, the court noted the empty chair defense is an attempt to introduce direct evidence 5 419 S.C. 548 , 799 S.E.2d 479 (2017). of the liability of a bankrupt company for the injuries Stewart suffered—evidence the court would admit. 2022In differentiating between Scapa's request to admit the bankruptcy claims with an attempt to establish an empty-chair defense, the court noted the empty chair defense is an attempt to introduce direct evidence 5 419 S.C. 548 , 799 S.E.2d 479 (2017). of the liability of a bankrupt company for the injuries Stewart suffered—evidence the court would admit. | 2 | 3 |
Machin v. Carus Corp.green2 sentences2022In seeking to establish an empty-chair defense, a defendant must assign fault for the plaintiff's injury to another party by providing evidence to the fact-finder that is sufficient for it to determine whether the party's "actions were the cause of the plaintiff's injuries." Machin v. Carus Corp., 419 S.C. 527 , 542–43, 799 S.E.2d 468, 476 (2017). 2022In seeking to establish an empty-chair defense, a defendant must assign fault for the plaintiff's injury to another party by providing evidence to the fact-finder that is sufficient for it to determine whether the party's "actions were the cause of the plaintiff's injuries." Machin v. Carus Corp., 419 S.C. 527 , 542–43, 799 S.E.2d 468, 476 (2017). | 1 | 1 |
Riley Ex Rel. Estate of Riley v. Ford Motor Co.green2 sentences2021See Riley v. Ford Motor Co., 414 S.C. 185 , 197–98, 777 S.E.2d 824, 831 (2015) (finding the defendant improperly extracted a benefit from the settlement between the plaintiff and a prior codefendant when the court reapportioned the allocation of settlement proceeds between the settling parties in a manner that decreased the defendant's liability). 2021See Riley v. Ford Motor Co., 414 S.C. 185 , 197–98, 777 S.E.2d 824, 831 (2015) (finding the defendant improperly extracted a benefit from the settlement between the plaintiff and a prior codefendant when the court reapportioned the allocation of settlement proceeds between the settling parties in a manner that decreased the defendant's liability). | 1 | 1 |
Carriere v. Cominco Alaska, Inc.green1 sentence2017See, e.g., Carriere v. Cominco Alaska, Inc., 823 F.Supp. 680, 692 (D. | 1 | 1 |
Smith v. Widenergreen2 sentences2017See Smith v. Widener, 397 S.C. 468, 472 , 724 S.E.2d 188, 190 (Ct. App. 2012) (holding a nonsettling defendant’s right to setoff arises by operation of law, and it is not within the discretion of the trial court to apply setoff). 2017See Smith v. Widener, 397 S.C. 468, 472 , 724 S.E.2d 188, 190 (Ct. App. 2012) (holding a nonsettling defendant’s right to setoff arises by operation of law, and it is not within the discretion of the trial court to apply setoff). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Chester v. South Carolina Department of Public Safety
green
1 sentence2023Id. [A] critical feature of the [Act] is the codification of the empty chair defense—a defendant 'retain[s] the right to assert another potential tortfeasor, whether a party or not, contributed to the alleged injury or damages'—which necessarily contemplates lawsuits in which an allegedly culpable person or entity is not a party to the litigation (hence the chair in question being 'empty'). | 1 | 2023–2023 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.