South Carolina Lawyers Weekly

Where a suit against an employer was originally filed in the name of a man who died two days before his claims were filed, there was no Article III standing and the error could not be cured through substitution of ...

Plaintiff generally worked four hours of voluntary overtime before her shift, so she refused to perform more overtime after her shift, when defendant purportedly needed her because another employee was out. There is a genuine issue of material fact in ...

Plaintiff, an employee of the York County Sheriff, had a First Amendment interest in speaking to his wife, an employee of a television station, about alleged misconduct by correctional officers leading to an inmate’s death while in custody. However, plaintiff’s ...

Although a woman’s co-worker was found liable for sexually assaulting her during her shifts at Radford Arsenal, the evidence was insufficient to hold their employer liable for the co-worker’s conduct. Background Carla A. Clehm is an employee of defendant BAE ...

The court rules that an employee’s disability discrimination claim failed where he could not demonstrate that he was a qualified individual under the ADA because he could not show his ability to perform the essential functions of his job or ...

The court rules that defendant employer was not entitled to summary judgment on plaintiff’s retaliation claim where the record demonstrated very close proximity between plaintiff employee’s protected activity and her supervisor’s alleged retaliation such that defendant’s legitimate, non-retaliatory reasons for ...

A mayor’s reference to a white police officer who shot an unarmed black man was not enough to support plaintiff’s claim of race discrimination arising out of his firing after it was revealed that—despite being warned not to—he was still ...

Although the United Mine Workers Benefit plan argued that Consol Energy’s change in benefits violated federal law, the alleged risk of harm to the beneficiaries was too speculative to confer standing. Background Consol Energy Inc. is required under the Coal ...

Where there was no material fact as to a former paper mill worker’s claims that the company discriminated and retaliated against him and subjected him to a hostile work environment, the court ruled the alleged conduct was insufficient as a ...

Where a plaintiff brought gender and race discrimination claims against International Paper Company alleging it subjected her to a hostile work environment that resulted in her constructive discharge, paid her unequally and retaliated against her, the record did not support ...