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Tag Archives: Contract

Tort/Negligence – Breach of Fiduciary Duty Claim – Contract – Declaratory Judgment – Intellectual Property – Labor & Employment (access required)

Wired Fox Technologies, Inc. v. Estep (Lawyers Weekly No. 002-105-17, 41 pp.) (Bruce Howe Hendricks, J.) 6:15-cv-00331; D.S.C. Holding: Plaintiff alleges that defendant Estep was plaintiff’s independent contractor. Putting aside the undisputed fact that the independent contractor agreement was never ...

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Civil Practice – Service of Process – UPS Mailbox – Contract – Piercing the Corporate Veil – Attorneys’ Communication (access required)

Rational Spirits, LLC v. Rattleback, LLC (Lawyers Weekly No. 002-098-17, 10 pp.) (Patrick Michael Duffy, J.) 2:16-cv-03406; D.S.C. Holding: Even though plaintiff’s process server mentioned the wrong mailbox number in his service affidavit after delivering defendant Sanders’ summons and complaint ...

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Labor & Employment – SCWPA – Statute of Limitations – Contract – Independent Contractors or Employees – Chargebacks & Holdbacks – Home Security Systems (access required)

Sill v. AVSX Technologies, LLC (Lawyers Weekly No. 002-091-17, 13 pp.) (Margaret Seymour, S.J.) 3:16-cv-00555; D.S.C. Holding: There appears to be no jurisprudence holding that a failure to pay a salesperson’s “holdbacks” constitutes a continuing violation under the South Carolina ...

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No contract…no breach (access required)

contract

Until recently, it was an unsettled issue in South Carolina whether language used in a job description created an employment contract. Thanks to a Dec. 15 ruling by the U.S. District Court for the District of South Carolina, we now ...

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