A tenured professor at Erskine College in Due West claimed the institution breached its employment contract with him as set forth in the faculty manual. The trial court overruled the jury verdict in the professor’s favor, but...more
11/9/2020
/ Breach of Contract ,
Contract Disputes ,
Contract Terms ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Hiring & Firing ,
Policies and Procedures ,
Teachers ,
Tenure
Two years ago, we wrote about a noncompete decision in which a special referee found a business seller had breached a sales agreement by violating both a noncompete covenant and an exclusive sales provision contained in the...more
10/23/2018
/ Appeals ,
Attorney's Fees ,
Breach of Contract ,
Buyers ,
Damages ,
Exclusivity Clauses ,
Lost Profits ,
Manufacturers ,
Non-Compete Agreements ,
Permanent Injunctions ,
Petition for Review ,
Popular ,
Public Policy ,
Purchase Agreement ,
Referees ,
Request for Proposals ,
Restrictive Covenants ,
Reversal ,
SC Supreme Court ,
Sellers ,
Selling a Business ,
Service Contracts ,
Terms and Conditions
In 2016 we wrote about a non-compete decision where special referee found that a seller of a business had breached a sales agreement by violating both a non-compete covenant and an exclusive sales provision contained in the...more
9/17/2018
/ Appeals ,
Attorney's Fees ,
Breach of Contract ,
Damages ,
Employment Contract ,
Exclusivity Clauses ,
Lost Profits ,
Non-Compete Agreements ,
Permanent Injunctions ,
Purchase Agreement ,
Remand ,
Request for Proposals ,
Restrictive Covenants ,
Reversal ,
Selling a Business
We’ve often written about the need to have clearly written policies that, once in place, are followed. If a dispute arises and there is any ambiguity in the policies and how the employer interpreted or used them, juries more...more
8/16/2018
/ Appeals ,
Breach of Contract ,
Colleges ,
Covenant of Good Faith and Fair Dealing ,
Directed Verdicts ,
Early Retirement ,
Emergency Response ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Policies ,
Evidence ,
Filing Grievances ,
Hiring & Firing ,
Judgment Notwithstanding the Verdict (JNOV) ,
Professors ,
Reversal ,
Student Athletes ,
Tenure ,
Wrongful Termination
Over the years, we have written a number of articles about the importance of making sure your employment documents contain clear, understandable language. One of our federal district judges was recently faced with an...more
6/29/2017
/ Breach of Contract ,
Breach of Duty ,
Employment Contract ,
Fiduciary Duty ,
Intellectual Property Agreements ,
Software Developers ,
Startups ,
Technology Sector ,
The Copyright Act ,
Tortious Interference ,
Unjust Enrichment ,
Unmemorialized Agreements ,
Unpaid Wages ,
Work-For-Hire ,
Written Agreements
Employees and their counsel have been very aggressive in attempting to couch employment claims as state-law matters and filing claims in state court instead of federal court to try to avoid the federal judiciary. For various...more
3/1/2017
/ At-Will Employment ,
Boeing ,
Breach of Contract ,
Defamation ,
Defense Strategies ,
Dismissals ,
Employment Contract ,
Exclusive Remedy ,
Failure To State A Claim ,
Federal v State Law Application ,
Implied Contract ,
Motion to Amend ,
OSHA ,
Public Policy ,
State Labor Laws ,
State Law Claims ,
Whistleblowers ,
Workplace Safety ,
Wrongful Termination
As our various courts decide cases, we watch to see if there are any trends that seem to be developing or whether a case signals that the courts are beginning to change how they view a particular issue or type of case. We've...more
11/9/2016
/ Appeals ,
Breach of Contract ,
Breach of Duty ,
Civil Conspiracy ,
Conflicts of Interest ,
Corporate Executives ,
Damages ,
Duty of Loyalty ,
Failure to Object ,
Fiduciary Duty ,
Gross Negligence ,
Judgment Notwithstanding the Verdict (JNOV) ,
Jury Verdicts ,
Lack of Evidence ,
Negligent Misrepresentation ,
Non-Solicitation Agreements ,
Partnership Agreements ,
Preliminary Injunctions ,
Punitive Damages ,
Remand ,
Reversal ,
SC Supreme Court
Faced with the rising costs of doing business in our increasingly litigious society, today's employers are looking at any way to manage fees and costs associated with resolving disputes over employment decisions. Some of the...more
10/13/2016
/ Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Breach of Contract ,
Breach of Implied Contract ,
Contaminated Properties ,
Environmental Assessments ,
Fraud ,
Handbooks ,
Hazardous Substances ,
Housing Developers ,
Implied Warranties ,
Land Developers ,
Litigation Strategies ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Negligence ,
Negligent Misrepresentation ,
Purchase Agreement ,
Residential Real Estate Market ,
Terms and Conditions ,
Unfair or Deceptive Trade Practices ,
Warranties