South Carolina Lawyers Weekly

Even though plaintiff’s decedent (her uncle) signed a durable power of attorney for finance in favor of plaintiff before he entered defendant’s nursing facility, the finance power of attorney was not recorded until after plaintiff signed the decedent’s admission forms, ...

Petitioners include insureds, who allege, for example, that the defendant insurance agent converted their premium payments and failed to get them the insurance coverage they paid for, and competing insurance agencies, who allege the defendant-agent and -agency engaged in unfair ...

An entire award to a farmer who argued that his insurance company breached a contract was vacated because the arbitrator exceeded her authority by awarding extra-contractual damages, which can only be awarded by a court; and although her decision included ...

Having determined that the policies at issue constituted an insurance contract under Virginia law, the court said a private day school was not required to submit its dispute to arbitration because the agreement containing the arbitration clause is part of ...

On the same day, plaintiff signed the defendant-employer’s dispute resolution agreement (DRA), its “Binding Arbitration Agreement, and its employee handbook, all of which contain arbitration provisions. This evidences a clear intent to agree to arbitrate any future dispute. The court ...

Tagged with: Labor and Employment

Even if plaintiff never treated a patient from outside South Carolina, she does not refute the defendant-employer’s other arguments which show that the parties’ employment contract involved interstate commerce, e.g., 95 percent of approximately 400 shipments of equipment and supplies ...

Tagged with: Labor and Employment

Contrary to plaintiff’s argument, a customer on defendant’s website is indeed required to accept defendant’s “Terms of Service” as part of making a hotel reservation. In any event, defendant used an enforceable hybrid between a clickwrap and a browsewrap: by ...

Tagged with: Hotel Taxes

Holding: Where a patient was competent and had not executed a power of attorney, her estate is not bound by her husband’s signature on an arbitration agreement, which agreement was separate from the admission agreement the husband signed for the ...

Tagged with: Admission Documents

Holding: A written decision resulting from the parties’ agreed-upon dispute-resolution process was not a “final” decision under the Federal Arbitration Act because it reserved the decision-maker’s right – without time limitation – to change the decision if its underlying assumptions proved ...

Tagged with: final

Hamlin v. Dollar Tree Stores, Inc. (Lawyers Weekly No. 002-212-17, 6 pp.) (Patrick Michael Duffy, J.) 2:17-cv-02648; D.S.C. Holding: Although defendant drafted the employment agreement and plaintiff had no meaningful bargaining power, since both parties will have input into the ...

Tagged with: Labor and Employment