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Author Archives: Amy Stevens

Insurance claim documents not ‘work product’ (access required)

contract

A recent South Carolina District Court decision on a motion to compel discovery held that reports prepared in the ordinary course of business of adjusting insurance claims are not protected as “work product” and must be produced. Federal law governs the work product doctrine. The doctrine protects from discovery any “documents and tangible things that are prepared in anticipation of litigation or for trial.”

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Court: ‘Strong interest in access’ trumps Honda’s desire for confidentiality (access required)

Honda logo

The U.S. District Court for South Carolina has ruled that the public’s right to access information outweighs a defendant’s right to enforce a confidentiality agreement that would have redacted the settlement amount in a wrongful death case. Plaintiff Michelle Martin of Greer brought the action against defendant American Honda Motor Company, Inc. after her husband Gerald Martin died in 2011 while operating a power buffer at work.

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Uncommon incurrence (access required)

So we aren’t exactly math whizzes here at Sidebar, but we really like the fuzzy math skills a plaintiff in a recent insurance case displayed.  Unfortunately for him, the judge saw straight through it. Since 1989, Piedmont resident Dennis Barker ...

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Horton hears a ‘No’ (access required)

Building plans heads together

The South Carolina Court of Appeals recently refused to sever an arbitration clause from a contract between homebuilder D.R. Horton and a homebuyer because the contract itself was deemed unconscionable.

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Working the angles (access required)

Proving that a person with even a sliver of a disability to fight for (and plenty of “The Price is Right” to watch) is nothing if not persistent, Loida Colonna’s workers’ comp case lasted eight years. But after numerous South Carolina Workers’ Compensation Commission hearings, a circuit court, and appellate court ruling, the disability gravy train recently came to an abrupt halt.

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