An employer can enforce an arbitration clause in an employment contract that waives any appellate review, the 4th U.S. Circuit Court of Appeals has ruled in a matter of first impression.  The April 8 decision allows employers to put clear ...

Tagged with: Contract

  A South Carolina college’s faculty manual created an employment contract with the tenured English professor that it later fired, despite disclaimers on nearly every page saying that the manual wasn’t a contract, a narrowly divided South Carolina Supreme Court ...

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  A woman who signed a sweeping arbitration clause when she purchased a new car will now have to go to arbitration to resolve a claim that one of the dealership’s salesmen posted her contact information on a sexually explicit ...

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BY JOHN GILLERAN Although “smart contracts” have been the subject of much discussion in the information technology field, the impact that they will have on the legal profession is not well known, in part because the capabilities of such contracts ...

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Defendant, the first developer of the residential development at issue, was found partially responsible for the damages caused by construction defects. On appeal, defendant argued that the trial court erred in denying a directed verdict motion based on the statute ...

Tagged with: Construction Defects Contract Statute of Limitations

Plaintiffs are entitled to an attorney’s fee award as costs pursuant to the parties’ employment contracts, not as damages under the South Carolina Payment of Wages Act. Therefore, plaintiffs were not required to comply with Rule 9(g)’s special-damage pleading provisions. ...

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The contract between plaintiff and one of the defendants says it is governed by Virginia law. However, the alleged torts – which were purportedly committed by defendants who weren’t parties to the contract – were committed in South Carolina. Therefore, ...

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Dorrestein v. Schuiling (Lawyers Weekly No. 002-019-18, 13 pp.) (David Norton, J.) 2:17-cv-01193; D.S.C. Holding: The parties’ real estate sale contract required the defendant-buyers to apply for membership in the Kiawah Island Club within five days, and the contract provided ...

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Owners Insurance Co. v. Warren Mechanical, LLC (Lawyers Weekly No. 002-014-18, 10 pp.) (David Norton, J.) 2:16-cv-00669; D.S.C. Holding: Upon learning that a workers’ compensation claim – involving the same policy at issue in this case – remains pending before ...

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Synthes USA, LLC v. Davis (Lawyers Weekly No. 002-209-17, 20 pp.) (R. Bryan Harwell, J.) 4:17-cv-02879; D.S.C. Holding: The employment contracts between plaintiffs and the defendant-sales consultants prohibited defendants, for a year after they left plaintiffs’ employ, from calling on ...

Tagged with: Contract