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Summary: 467 F. Supp. See Perini Corp. v. Perini Constr., Inc., 915 F.2d 121, 123-24 (4th Cir.1990). "Teamsters Joint Council No. 83 v. Centra, Inc., 947 F.2d 115, 119 (4th Cir. Hughes v. Bedsole, 48 F.3d 1376, 1381 (4th Cir.1995) (quoting Pachaly v. City of Lynchburg, 897 F.2d 723, 725 (4th Cir.1990)). To establish a prima facie case for disparate treatment claim under Title VII, the plaintiff bears the initial burden of proving by a preponderance of the evidence: (i) that he belongs to a racial minorit......read more.


Summary: 875 F. Supp. Com'n v. E.I. DuPont de Nemours and Co., 373 F. Supp. In Sanchez v. Standard Brands, Inc., 431 F.2d 455 (5th Cir.1970), cited by General Electric, the employee charged sexual discrimination (later amending the charge to include a claim based on national origin). Miller v. Smith, 584 F. Supp.


Summary: 480 F. Supp. 328 (1979) Robert F. ALLSTON, Plaintiff, v. J. Woodrow LEWIS, Bruce Littlejohn, J. B. Ness, William L. Rhodes, Jr., and George T. Gregory, Jr., Justices of the Supreme Court of South Carolina; J. D. Todd, Jr., President, South Carolina Bar; Robert R. Carpenter, Editor, South Carolina Bar "Transcript"; Dan Black, Managing Editor, South Carolina Bar "Transcript"; and The South Carolina Bar, Defendants. This matter is before the Court on plaintiff's motion for preliminary injunction an......read more.


Summary: 791 F. Supp. 2d 437 (1991);[2] and is consistent with all of the reported decisions in this circuit dealing with this issue, see McCormick v. Consolidation Coal Co., 786 F. Supp. 555 (E.D.Va.1992) (1992 Westlaw 52182);[3]Percell v. International Business Machs., Inc., 785 F. Supp. 1229 (E.D.N.C.1992) (1992 Westlaw 46478);[4]Patterson v. McLean Credit Union, 784 F. Supp. 268 (M.D.N.C. 1992); Khandelwal v. Compuadd Corp., 780 F. Supp. See Fray v. Omaha World Herald Co., 960 F.2d 1370 (8th Cir.1992......read more.


Summary: 701 F. Supp. 1177 (1988) Sharon Rowland FLOYD, as Administratrix of the Estate of Robert D. Rowland and Ruby B. Rowland, Richard P. Von Buedingen, John B. Boatwright, Graf Bae Farms, Inc., and William H. Tucker, as Administrator of the Estate of Michael R. Drinkard, Plaintiffs, v. The OHIO GENERAL INSURANCE COMPANY and Southern Aviation Insurance Group, Inc., Defendants. *1178 J.B. Ness, Desa A. Ballard, and Joseph F. Rice, Barnwell, S.C., for plaintiffs. On July 1, 1986, shortly after 11:40 p.m......read more.


Summary: 519 F. Supp. 872 (1981) Myrtis DAY, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant. United States District Court, D. South Carolina, Columbia Division. This action for review of a final decision of the Secretary of Health and Human Services (Secretary herein) is before the court with the Report and Recommendation of the United States Magistrate. The matter was reviewed by the Magistrate pursuant to the court's order of reference and Section 636 of Title 28 of the United States C......read more.


Summary: 789 F. Supp. In this motion to suppress, Defendant argued that the traffic stop and subsequent search of the vehicle was in violation his Fourth Amendment rights. In his petition, he argued that the vehicle search was invalid and all evidence recovered should be suppressed, the search warrant obtained by police for his residence was invalid due to lack of probable cause, the search warrant was otherwise defective, and the government had not obtained a court order necessary for electronic surveil......read more.


Summary: 878 F. Supp. 848 (1995) B.C. O'NEAL, Plaintiff, v. CIGNA PROPERTY AND CASUALTY INSURANCE COMPANY, Rain and Hail Insurance Service, Inc., and Farm Bureau Mutual Insurance Company, Defendants. The asserted basis of federal jurisdiction is "that this is an action over which the District Courts of the United States have original jurisdiction pursuant to 28 U.S.C. § 1331 in that Plaintiff's claims are founded on a federal claim arising under 7 U.S.C. § 1501 et seq. and 7 C.F.R. Chapter IV."As evidenc......read more.


Summary: 874 F. Supp. Tracy L. Eggleston, Peter F. Asmer, Jr., Cozen & O'Connor, Columbia, SC, for defendant. Co. v. Cameo Properties, 810 F.2d 1282, 1286 (4th Cir.1987). Atlas Pallet Inc. v. Gallagher, 725 F.2d 131, 134 (1st Cir.1984). In addition, in Chesapeake Ship Propeller Co. v. Stickney, 820 F. Supp. at 999-1001; see also Moyer v. Director, FEMA, 721 F. Supp. 235, 238 (D.Ariz.1989); cf. Wagner v. Director, FEMA, 847 F.2d 515, 522 (9th Cir.1988) (in concluding that flood-induced landslide is not co......read more.


Summary: 85 F. Supp. 2d 609 (2000) Jeanie MENTAVLOS, Plaintiff, v. John Justice ANDERSON; and James Saleeby, Defendants. ORDER ON MOTIONS FOR SUMMARY JUDGMENT JOSEPH F. ANDERSON, Jr., District Judge. This matter is before the court on motion of defendants John Justice Anderson and James Saleeby for summary judgment and, with consent of all parties, for determination by the court of any factual issues relating to whether these defendants are state actors. The state actor inquiry is critical to any determi......read more.


Summary: 531 F. Supp. On June 1, 2007, Compania Naviera Joanna, S.A. and MSC Mediterranean Shipping Co., S.A. ("petitioners") filed this limitation action pursuant to Supplemental Rule F, seeking exoneration or to limit its liability for claims arising from a collision that occurred between the MSC JOANNA, *682 a container vessel, and the W.D. FAIRWAY, a dredge owned and operated by claimants, in Chinese territorial waters near Tianjin, China. This matter is before the court on three motions: (1) petitio......read more.


Summary: 413 F. Supp. Defendant in this medical malpractice action has moved for summary judgment on the ground that the South Carolina statute of limitations[1] bars recovery. The plaintiff, who admittedly failed to file his complaint within six years of either the alleged misdiagnosis or the date of his last treatment by the defendant, contends that the statute is not a bar because suit was instituted within six years of the date upon which the alleged malpractice was discovered. It is elementary that ......read more.


Summary: 358 B.R. 835 (2006) Thomas Law WILLCOX, Appellant, v. Rodger STROUP, Director, South Carolina Department of Archive and History; State of South Carolina ex rel. Henry McMaster, Attorney General for the State of South Carolina, John M. Willcox, and Kathryn Willcox Patterson, Appellees. When Mr. Willcox attempted to sell the Documents, the State of South Carolina intervened and enjoined him from that sale, claiming that the Documents were properly the property of the State.


Summary: 826 F. Supp. First, the jury determined that the defendant proved it mailed written notice to the plaintiff that the insurance policy here involved was cancelled for non-payment of the premium due on it; second, the jury determined that the defendant had not proved that it mailed written notice to its agent, Thomas Young, that the insurance policy was so cancelled. [1] Next, the court was presented with the question of whether a computer disk mailed or delivered to the agent would constitute "wr......read more.


Summary: 548 F. Supp. This action has been brought by the plaintiffs as one sounding in negligence on the part of agents of the United States arising out of medical treatment given to the plaintiff, Sandra B. Andrews, while she was being counselled and treated for depression from January to June, 1978, at the Naval Weapons Station Branch Clinic (hereinafter referred to as the "Clinic"), Charleston, South Carolina. The United States has consistently taken the position that the alleged improprieties claime......read more.


Summary: 677 F. Supp. Mr. Brockmann, who made the decision to purchase the Westerbeke stock on plaintiffs' behalf, requested that Carolina Securities rescind the entire transaction because of Mr. Kronenfeld's alleged misrepresentations of material facts regarding the Westerbeke stock and because of defendants' failure to provide plaintiffs with a preliminary prospectus until February 2, 1987, over five months after the purchase. On June 10, 1987, plaintiffs' attorneys informed defendants' attorneys that ......read more.


Summary: 36 F. Supp. 2d 265 (1998) Wilhelmina F. PERRIN, Plaintiff, v. Hazel O'LEARY, Secretary U.S. Department of Energy, and Savannah River Operations Office, Defendants. *266 Wilhelmina F. Perrin, Augusta, GA, pro se.


Summary: 925 F. Supp. This matter is before the court on defendant's 28 U.S.C. § 1404 motion to transfer venue of the case to the District of Puerto Rico or, in the alternative, to dismiss the action for lack of proper venue as defined by 28 U.S.C. § 1391(a). Defendant then asserts that, even if venue in South Carolina would be proper, the District of Puerto Rico would be the more appropriate forum, taking into account the "convenience of parties and witnesses". Sheppard v. Jacksonville Marine Supply, In......read more.