South Carolina Lawyers Weekly

In this defective construction action, an affidavit from the defendant-general contractor’s controller says the construction involved interstate commerce such as the use of out-of-state contractors and materials and equipment manufactured outside South Carolina. Since the transaction here involved interstate commerce, ...

Where an agreement involving defense contractors excluded Title VII claims from arbitration “unless and until federal law no longer prohibits the Firm from mandating arbitration of such claims,” and PricewaterhouseCoopers LLP no longer performs the work that prohibited mandatory arbitration, ...

In an issue of first impression, the court joined the Sixth Circuit in holding a private arbitral panel is a “tribunal” under 28 U.S.C. § 1782(a), which allows a district court to order testimony or documents for use in the ...

Where the Berkeley County School District and parties it has sued disagree about the existence and enforceability of arbitration agreements, there are disputes of material fact that must be resolved at trial. Background The appellants sought arbitration of federal and ...

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