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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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.
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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.
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