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Arbitration — Contract – Insurance – Healthcare Service Provider – Patient’s Assignment – ERISA – Precertification Requirement (access required)

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 ...

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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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