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Author Archives: Sharon McCloskey

The limits of oppression (access required)

Andrew Ballard had the idea for a marina on Lake Keowee, had a specific spot in mind, and had a lease in hand. What he needed were partners with money. He eventually found them, and sold them a majority stake in his venture. Within just a few months, Ballard’s new partners decided there was one thing the planned marina didn’t actually need: Ballard.

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Judge has no faith in bad-faith verdict (access required)

MI Windows and Doors was sitting pretty in February, when a Charleston jury awarded the window manufacturer more than $13 million in damages on bad faith counterclaims against its insurer, Liberty Mutual. Then along came the post-trial motions, and with the stroke of a pen by U.S. District Judge Margaret B. Seymour, the $13 million vanished.

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Death of a salesman’s overtime (access required)

In late June, as anticipation grew for a decision on the Affordable Care Act, the U.S. Supreme Court handed down a decision of equal importance – at least to some 90,000 pharmaceutical sales representatives across the country. In a 5-4 ruling in Christopher v. SmithKline Beecham Corp., the court decided that those representatives do not qualify for overtime pay under the Fair Labor Standards Act.

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Billing ‘round the clock (access required)

Now that everyone’s had a good snicker over the apparent inability of Sumter attorney Charles T. Brooks III to understand how many hours constitute a day — for the record, it’s 24 (although science pegs it at 23 hours, 56 minutes, 4.091 seconds) — it’s instructive to ponder exactly how Brooks lost track of time.

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Child’s coffee burns prompt $475,000 settlement (access required)

Breakfast out with the grandparents didn’t go quite as hoped when 3-year old Mason Conley and his 4-year-old cousin visited Sea Captain’s Restaurant in Myrtle Beach in May 2011. Their waitress left a pot of coffee near the two children, who then knocked it over, spilling coffee on Mason’s lap and giving him second- and third-degree burns.

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