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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Cox v. Time Warner Cable, Inc. Even though the parties’ cable subscriber contract gives defendant the authority to change the contract’s terms at any time, the changes are only effective prospectively. Therefore, defendant’s promise to bind itself to the arbitration clause is not illusory.
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York v. Dodgeland of Columbia, Inc. Even though the arbitration clause in plaintiff Cristy’s “buyers order” is unenforceable, her claim that the defendant-dealership charged her illegal documentation fees is subject to arbitration pursuant to the arbitration clause in her installment contract.
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