South Carolina Lawyers Weekly

Holding: As the defendant-town’s “building official,” it was plaintiff’s mandatory responsibility to enforce the provisions of the state building code by issuing a stop work order when she discovered unpermitted construction work. When the town fired her for doing so, ...

Tagged with: Public Employees

Holding: After plaintiff’s Family Medical Leave Act leave expired, he waited approximately two weeks to contact the defendant-employer about returning to work. He was unable to reach his manager by phone, yet he did not try to communicate with the ...

Tagged with: FMLA

Darrah v. Horry County (Lawyers Weekly No. 002-038-18, 8 pp.) (R. Bryan Harwell, J.) 4:17-cv-01331; D.S.C. Holding: In support of his claims that defendant violated (1) the implied covenant of good faith and fair dealing and (2) S.C. Code Ann. ...

Tagged with: Civil Practice

Bair v. South Carolina Department of Public Safety (Lawyers Weekly No. 002-032-18, 14 pp.) (Cameron McGowan Currie, S.J.) 3:16-cv-03897; D.S.C. Holding: When it terminated the plaintiff-highway patrol officer, defendant was not required to show that plaintiff had violated a specific ...

Tagged with: Civil Rights

Coleman v. Schneider Electric USA, Inc. (Lawyers Weekly No. 002-031-18, 19 pp.) (Henry Herlong Jr., S.J.) 8:15-cv-02466; D.S.C. Holding: Company records said the requisition for a position was cancelled because of an “internal promotion to strategize and reduce base costs.” ...

Tagged with: Retaliation

Sill v. AVSX Technologies, LLC (Lawyers Weekly No. 002-026-18, 10 pp.) (Margaret Seymour, S.J.) 3:16-cv-00555; D.S.C. Holding: During deliberations, the jury asked, “Is there a specific amount documented that the Plaintiffs say they are owed?” Nevertheless, plaintiffs’ testimony constituted sufficient ...

Tagged with: SCPWA

Hernandez v. Fairfax County (Lawyers Weekly No. 006-003-18, 11 pp.) (Per Curiam) No. 17-1152, Jan. 30, 2018; EDVA at Alexandria (Trenga, J.) 4th Cir. Holding: A reasonable jury could find that Defendant/Appellee Fairfax County did not adequately address a firefighter’s ...

Tagged with: Title VII

Balbed v. Eden Park Guest House LLC (Lawyers Weekly No. 001-021-18, 14 pp.) (Motz, J.) No. 17-1187, Jan. 25, 2018; DMD (Messitte, J.) 4th Cir. Holding: Where a live-in innkeeper’s employment terms were subject to an agreement, her FLSA claims ...

Tagged with: Wages

Wise v. INVISTA s.à.r.l. (Lawyers Weekly No. 002-023-18, 8 pp.) (Margaret Seymour, S.J.) 3:17-cv-01354; D.S.C. Holding: Where the 54-year-old female plaintiff alleges that (1) she was employed by defendant for 10 years and showed improvement on her performance reviews during ...

Tagged with: Tort/Negligence

Randolph v. PowerComm Const. Inc. (Lawyers Weekly No. 006-001-18, 8 pp.) (Per curiam) No. 16-2370, Oct. 31, 2017; USDC at Greenbelt, Md. (Hazel, J.) 4th Cir. Unpub. Holding: In awarding attorneys’ fees, the district court failed to exclude time spent ...

Tagged with: FLSA