Richard Morgan on Reversal

SC body bag noncompete case exhumed, revisited

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

Non-Competes in the Employment Context Revisited

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

Think your evidence is solid? Jury, judge, and appeals court may disagree

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

A State's extraction of agency fees from non consenting public-sector employees violates the First Amendment

For the second time this term of court, the United States Supreme Court on the final day of the term addressed a First Amendment issue. In the first case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Court...more

6/29/2018 / Appeals , Constitutional Challenges , Fair Share Contribution , First Amendment , Janus v AFSCME , Non-Union , Payroll Deductions , Public Sector Unions , Reversal , SCOTUS , Stare Decisis , Union Dues

Early thoughts on this Supreme Court term

We are about midway through the 2017-18 term of the U.S. Supreme Court. One case the Court has already decided and another it refused to take up provide some insight on how the Court has handled employment cases it has been...more

Equal Pay Act case gets new life

In 2-1 decision by a three-judge panel, the U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) reversed a decision to grant summary judgment—meaning the trial court had found there was no...more

2/22/2018 / Appeals , Burden of Proof , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Equal Pay , Equal Pay Act , Former Employee , Gender Discrimination , Gender-Based Pay Discrimination , Hiring & Firing , Job Applicants , Popular , Reversal , State Agencies , State Constitutions , Summary Judgment , Wage and Hour

SC court awards Lowe's employee workers' comp disability benefits

Employee disabilities are becoming a common issue that employers must address. Short- and long-term disability plans employers often make available to employees, the Americans with Disabilities Act (ADA), and the varying...more

4/27/2017 / Administrative Appeals , Administrative Hearings , American Medical Association , Americans with Disabilities Act (ADA) , Appeals , Disability Benefits , Partial Disability , Permanent Disability , Rebuttable Presumptions , Return-to-Work Agreements , Reversal , SC Supreme Court , Substantial Evidence Standard , Workers' Compensation Claim

Change in How SC Supreme Court Views Conspiracy Claims May be Coming

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

Richard Morgan

Burr & Forman

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