Forrest v. US Department of Agriculture (Lawyers Weekly No. 002-237-14, 7 pp.) (Mary Lewis, J.) 8:14-cv-01530; D.S.C. Holding: Where the plaintiff-farmer complains, not about any coverage or claim determinations made by defendant Rain and Hail Insurance, LLC (R & H), ...Read More »
Low Country Rural Health Education Consortium, Inc. v. Greenway Medical Technologies, Inc. (Lawyers Weekly No. 002-227-14, 17 pp.) (David Norton, J.) 9:14-cv-00874; D.S.C. Holding: Even though the arbitration clause in the parties’ contract is not underlined as required by the ...Read More »
Arbitration — Contract – Insurance – Healthcare Service Provider – Patient’s Assignment – ERISA – Precertification Requirement
Greenville Hospital System v. Employee Welfare Benefits Plan (Lawyers Weekly No. 002-203-14, 8 pp.) (Timothy Cain, J.) 6:14-cv-01919; D.S.C. Holding: The plaintiff-hospital failed to get a precertification required by the hospital’s agreement (the Agreement) with the defendant-underwriter, and the underwriter ...Read More »
Malloy v. Thompson (Lawyers Weekly No. 010-099-14, 5 pp.) (Costa Pleicones, J.) Appealed from Anderson County Circuit Court (Alexander Macaulay, J.) S.C. S. Ct. Holding: Plaintiff does not claim that defendant Merrill Lynch, Pierce, Fenner & Smith, Inc. breached a ...Read More »
Baja, Inc. v. Automotive Testing & Development Service, Inc. (Lawyers Weekly No. 002-128-14, 22 pp.) (G. Ross Anderson Jr., Sr. J.) 8:13-cv-02057; D.S.C. Holding: Despite the lack of arbitration provisions in the parties’ other paperwork, the arbitration provisions in defendants’ ...Read More »
Dean v. Heritage Healthcare of Ridgeway, LLC (Lawyers Weekly No. 010-060-14, 15 pp.) (Jean Hoefer Toal, Ch. J.) (Costa Pleicones, J., concurring in the result only without separate opinion) Appealed from Fairfield County Circuit Court (J. Ernest Kinard Jr., J.) ...
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Joe v. Security Finance Corp. of South Carolina (Lawyers Weekly No. 002-108-14, 5 pp.) (Cameron McGowan Currie, Sr. J.) 0:14-cv-00159; D.S.C. Holding: Where plaintiff argues that defendant has waived arbitration by failing to timely request arbitration pursuant to the terms ...
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Arbitration – Health Care Consent Act – Authority to Contract – Patient’s Sister – Estoppel – Tort/Negligence – Wrongful Death
Coleman v. Mariner Health Care, Inc. (Lawyers Weekly No. 010-023-14, 12 pp.) (Costa Pleicones, J.) (Jean Hoefer Toal, Ch.J., dissenting) Appealed from Florence County Circuit Court (Michael Nettles, J.) S.C. S. Ct. Holding: Although the Health Care Consent Act gave ...
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Arbitration – Contract – Telephone Service – Automatic Renewal – Early Termination Fee – Class Action Waiver – Civil Practice – Personal Jurisdiction – Corporate
Patricia Rowe P.A. v. AT&T, Inc. (Lawyers Weekly No. 002-013-14, 26 pp.) (G. Ross Anderson Jr., Sr.J.) 6:13-cv-01206; D.S.C. Holding: Even though the arbitration clause and the waiver of class actions were not spelled out on the BellSouth Welcoming Rewards ...Read More »
Arbitration – Labor & Employment – Signing Bonus – Five-Year Contract – Constructive Discharge Claim
Troutman v. SunTrust Bank Defendants’ offer of employment to plaintiff is the source of both the underlying dispute – whether plaintiff must repay part of his $100,000 signing bonus – and the arbitration agreement plaintiff signed when obtaining his FINRA licenses; as a result, the parties’ dispute is subject to arbitration.
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