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.
Tagged with: Regulatory AuthorityRead More »
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.
Tagged with: UnconscionabilityRead More »
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.
Tagged with: ArbitrationRead More »
Arbitration – Marina Construction – FAA – Channels & Instrumentalities of Interstate Commerce – Non-Signatory Owner
Cape Romain Contractors, Inc. v. Wando E, LLC The Wando River marina construction contract between the defendant-contractor and the plaintiff-subcontractor called for arbitration of disputes under the Federal Arbitration Act. The arbitration provision can be enforced because construction of the marina plainly falls within the purview of Congress’s commerce power as it extensively involves both the channels and the instrumentalities of interstate commerce: the materials used in constructing the dock were manufactured in Ohio and transported to South Carolina; the subcontractor consulted with an out-of-state engineering and survey company in connection with the installation of the dock sections; the Wando River is a channel of interstate commerce; and, in performing its duties under the contract, the subcontractor used barges to transport materials and equipment through various navigable waterways and as construction platforms adjacent to the marina site.
Tagged with: Arbitration ActRead More »
Arbitration – First Impression – Arbitrator’s ‘Evident Partiality’ – Insufficient Showing – Tenuous, Undiscovered Relationship
Crouch Construction Co. v. Causey After he made an arbitration award, the arbitrator discovered that his law partner’s brother worked for one of the parties’ subcontractors; some of the subcontractor’s employees had testified on behalf of the general contractor and against the owner.
Tagged with: SubcontractorRead More »
Carlson v. South Carolina State Plastering, LLC : Even though the defendant-sellers did not move to compel arbitration until more than two years after the filing of the complaint, they raised the issue of arbitration at the inception of the action. The delay in filing the motion to compel was the result of the circuit court’s decision to address the Right to Cure Act issue first and not because of any dilatory actions by the sellers.
Tagged with: dilatory actionsRead More »
C-Sculptures, LLC v. Brown S.C. Code Ann. § 40-11-370(C) and our case law are clear: Any builder who enters into a contract for home construction without obtaining the required license cannot enforce the contract. The arbitrator manifestly disregarded the law when he allowed a contractor – who is only licensed up to $100,000 -- to enforce a contract to build an $800,000 house.Read More »