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Bankruptcy – Civil Practice – Summary Judgment – Pre-Discovery — Avoidable Transfer – Petition Filing Time (access required)

Hovis v. Swagart Where the defendant-attorney says he received the debtor’s May 15, 2009 check on that date and well before the 4:41 p.m. filing of the debtor’s bankruptcy petition, but where court records indicate that the debtor’s bankruptcy petition was actually filed at 3:51 p.m., the court cannot conclusively determine that the defendant received the check pre-petition.

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Employment – Race Discrimination – Summary Judgment (access required)

Le v. Hoover Motors Holding Co., Inc. A car dealership's motion for partial summary judgment on a mechanic's Title VII discriminatory discharge claim is denied since the record includes evidence that although the mechanic was performing satisfactorily, he was subjected to unfair and discriminatory treatment, which included frequent racist statements.

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Tort/Negligence – FELA Claim – Summary Judgment – Jury Trial – Genuine Issue of Material Fact – Knee Injury – Release (access required)

Bean v. S.C. Central Railroad. (Lawyers Weekly No. 011-038-11, 15 pp.) (John D. Geathers, J.) Appealed from Darlington County Circuit Court. (Paul M. Burch, J.) S.C. App. Click here for the full text of the opinion. Holding: A former railroad ...

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Real Property – Title Insurance – Availability – Civil Practice – Summary Judgment – Conflicting Evidence (access required)

M&T Group, LLC v. Palmetto Point of Williamston, LLC. Even though the plaintiff-buyer's title insurance company refused to cover title from the defendant-seller, since the seller submitted evidence that such coverage was available, there is a . . .

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