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Arbitration – Health Care Consent Act – Authority to Contract – Patient’s Sister – Estoppel – Tort/Negligence – Wrongful Death (access required)

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 (access required)

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 ...

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Arbitration – Labor & Employment – Signing Bonus – Five-Year Contract – Constructive Discharge Claim (access required)

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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Arbitration – Marina Construction – FAA – Channels & Instrumentalities of Interstate Commerce – Non-Signatory Owner (access required)

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.

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Arbitration – First Impression – Arbitrator’s ‘Evident Partiality’ – Insufficient Showing – Tenuous, Undiscovered Relationship (access required)

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.

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