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Insurer liable for breach, bad faith after roof collapse
Action: Breach of contract, bad faith Injuries alleged: Property damage Case name: One to One Ministries, Inc. v. Penn-America Insurance Company Court/case no.: Orangeburg County Circuit Court/No. 2020-CP-38-01274 Jury and/or judge: Jury/Judge Maite Murphy Amount: $3.3 million Date: March 23, 2023 Attorneys: Justin Lucey of Lucey Law in Mount Pleasant (for the plaintiff) One to […]
Ousted retail business tenant loses at bench trial
Defense verdict Action: Breach of contract Injuries alleged: Failure to cure Case name: Joaquin Ramirez v. Sar International, Inc. Court/case no.: Forsyth County Superior Court/No. 19-CVS-7296 Jury and/or judge: Judge Susan Bray Amount: $0 Date: Feb. 14, 2023 Attorney: Elliot Fus of Blanco Tackabery in Winston-Salem (for the defense) In 2017, Joaquin Ramirez entered into […]
Gregory Packaging nets $21.2M verdict
Foodbuy, LLC, sued Gregory Packaging, INC, for $1 million, instead Gregory Packaging was awarded $21.2 million. Gregory Packaging is a 100-year-old juice manufacturer that has worked with Foodbuy – the largest food service company in the world – since 2011. Foodbuy is a group purchasing organization based in the UK, with their North American headquarters […]
Shoddy home construction leads to $1.535M settlement
A family whose house was plagued by leaks and termites has confidentially settled a claim against the home’s builders and a termite company for $1.535 million, their attorney reports. Jim Davis of Charleston reports that the family hired a contractor to build the 7,300-square foot home that had been specially designed for their disabled […]
Unpaid parking rental fees nets developer $2.6M
A judge has ordered the town of Mt. Pleasant to pay $2.6 million to a developer after the town backed out of a downtown parking garage and office development due to public opposition to the project. Brandon Gaskins of Moore & Van Allen in Charleston said that his client, Shem Creek Development Group, formed […]
Jury awards $900K after real estate deal goes south
The potential buyer of a property in downtown Charleston has won a $900,000 jury verdict after the owner reneged on a deal to sell it, the plaintiff’s attorney reported. Morgan Templeton of Wall, Templeton & Haldrup in Charleston reports that his client, Buck Investments, signed a contract in 2013 to buy a property on King […]
Couple must pay fees, despite leaving club
Membership documents signed by a Beaufort County couple require them to continue to pay thousands of dollars in dues and fees to a social club, even though they resigned from it, the South Carolina Supreme Court said in a split 3-2 decision. Justice John Few, writing for the majority, said that the South Carolina Court […]
Labor & Employment – Breach of Contract – Employee Handbook – At-Will Employment – Civil Conspiracy
Although plaintiff claims that the defendant-employer’s “Harassment and Conduct of Employees” policies gave her the expectation that the employer would conduct investigations, punish employees and refrain from terminating her employment when incidents of sexual and physical harassment were reported, plaintiff has not asserted specific factual allegations regarding the terms of the handbook o[...]
Jury burns landlord in 2013 fire, awards tenant $1.2M
A company that failed to restore its fire-damaged building has been ordered by a Charleston County jury to pay more than $1.2 million in damages to one of its tenants, plaintiffs’ attorneys have reported. Court documents show that Sea Island Food Group was awarded actual and punitive damages in its tortious interference with contract […]
Civil Practice – Statute of Limitations – Breach of Contract – Banks & Banking – Real Property
North Charleston Community Interfaith Shelter v. Bank of America, N.A. (Lawyers Weekly No. 002-008-18, 7 pp.) (Richard Mark Gergel, J.) 2:16-cv-01250; D.S.C. Holding: In 2006, the plaintiff-charity’s then-executive director, Nancy Cook, took out a loan from the defendant-bank, using the charity’s real property as collateral. The charity learned of the loan in 2011 and fired […]
Labor & Employment – Breach of Contract – Employee Handbook – Head Start Program – Transferred Employee
Hall v. Family YMCA of Greater August (Lawyers Weekly No. 002-099-17, 24 pp.) (J. Michelle Childs, J.) 1:17-cv-00337; D.S.C. Holding: The complaint sufficiently alleges that the defendant-employer breached the parties’ employment contract when it fired her without following the procedures laid out in an employee handbook. The court denies defendant’s motion to dismiss plaintiff’s claims [&he[...]
Labor & Employment – Breach of Contract Claim – Termination – Cause – Expense Reports & Confidentiality
Arvanites v. Exopack, LLC (Lawyers Weekly No. 002-184-16, 31 pp.) (Bruce Howe Hendricks, J.) 6:15-cv-02112; D.S.C. Holding: Although defendants point to evidence that plaintiff falsified expense reports and gave confidential information to a former co-worker, since plaintiff has proffered explanations for these incidents, defendants have not shown, as a matter of law, that they fired […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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