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Aug 22, 2014

Contract – Agreement to Agree – Publicly Funded Hotel Project – Essential Terms Absent – Quantum Meruit – No Benefit

Stevens & Wilkinson of South Carolina, Inc. v. City of Columbia (Lawyers Weekly No. 010-095-14, 15 pp.) (Kaye Hearn, J.) (Costa Pleicones, J., dissenting) Appealed from Richland County Circuit Court (George James Jr., J.) On writ of certiorari to the Court of Appeals. Opinion No. 27434, S.C. S. Ct. Holding: The parties’ Memorandum of Understanding […]

Jan 22, 2013

Employment – Healthcare ––Employment Agreements – Shareholders –Restrictions on Competition — Wage Payment Act

Baugh v. Columbia Heart Clinic A non-competition agreement between a hospital and physician/shareholders in its cardiology practice are enforceable where a forfeiture clause survives a reasonableness analysis and territory restrictions are tied to a legitimate interest of the hospital.

Jan 15, 2013

Tort/Negligence – Tortious Interference with a Contractual Relationship – Right of First Refusal – Physical Therapy Contractors

Functional Pathways of Tennessee, LLC v. Wilson Senior Care, Inc. The plaintiff-contractor’s allegations allow an inference that the defendant-contractor, Heritage Healthcare, Inc.,

Jan 9, 2012

Partnership – Agreement – Withdrawal – Lost ‘Rights’

Pellegrin v. Berthelsen Even though the parties’ partnership agreement takes away a partner’s “rights” once he withdraws from the partnership, this provision of the agreement does not prohibit plaintiff - a former partner who withdrew from the partnership — from suing his former partners for partnership dissolution/forced buy-out; breach of fiduciary duty; breach of contract; an[...]

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