In re Gregg (Lawyers Weekly No. 003-004-14, 8 pp.) (David Duncan, Ch.J.) 13-00665; B.S.C. Holding: The debtor’s proposed sale of a real property tract, which is the debtor’s second most valuable asset, does not meet the sound business test because ...Read More »
Johnson v. Donahoe (Lawyers Weekly No. 002-049-14, 11 pp.) (R. Bryan Harwell, J.) 4:12-cv-00390; D.S.C. Holding: Although plaintiff asserts that his supervisor somehow manipulated the defendant-employer’s Family Medical Leave Act system that records missed time in order “to fire me ...
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Labor & Employment – Civil Rights – Race Discrimination Claim – Retaliation – Complaints to Subordinates – Protected Activity – First Impression
Cason v. South Carolina State Ports Authority (Lawyers Weekly No. 002-048-14, 9 pp.) (Richard Mark Gergel, J.) 2:11-cv-02241; D.S.C. Holding: If a supervisor tells his subordinates that their employer discriminates on the basis of race and if the employer fires ...
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Bankruptcy – Appeals – Mootness – Constitutional & Equitable – County Hospital – Collateral Order Doctrine
Alexander v. Barnwell County Hospital (Lawyers Weekly No. 002-047-14, 13 pp.) (J. Michelle Childs, J.) 1:13-cv-02164; D.S.C. Holding: In its order denying appellant’s motion to dismiss and/or stay, the bankruptcy court also allowed the sale of the debtor-hospital’s assets to ...
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Estate of Peeples v. Barnwell County Hospital (Lawyers Weekly No. 002-045-14, 12 pp.) (J. Michelle Childs, J.) 1:13-cv-01678; D.S.C. Holding: Where (1) the debtor-hospital’s reorganization plan has been implemented such that most of the hospital’s assets are in the possession ...
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In re Genesis Press, Inc. (Lawyers Weekly No. 003-001-14, 6 pp.) (Helen Elizabeth Burris, J.) 13-01376; B.S.C. Holding: Where the debtor’s obligations to the creditor arise from a lease, and where the settlement that was intended to provide the creditor ...
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Bankruptcy – Withdrawal of Reference Motion – Banks & Banking – Receivership – Tax Refund – Estate Property Question
Fort v. Federal Deposit Insurance Co. (In re First National Bankshares, Inc.) (Lawyers Weekly No. 002-014-14, 10 pp.) (Timothy M. Cain, J.) 7:12-cv-03441; D.S.C. Holding: Although the Financial Institution Reform, Recovery and Enforcement Act (FIRREA) establishes an administrative process for ...Read More »