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South Carolina Court of Appeals Courtroom I
The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Monday, May 6, 2024
10:40 a.m. (Time Limits: 10-10-5)
2021-001342 Jessica Bennett and Thuy N. Gasser, individually and on behalf of those similarly situated, Respondents, v. ACS Primary Care Physicians-Southeast P.C., Appellant.
A. Victor Rawl, Jr., of Gordon & Rees LLP, of Charleston, for Appellant. William Camden Lewis, of Richardson, Thomas, Haltiwanger, Moore & Lewis, of Columbia; and Christopher James Moore, of Richardson Thomas, LLC, of Florence, both for Respondent Jessica Bennett. Ian Andrew Taylor, of Morris Law Firm, of Surfside; Robert Morris Hadden, of Hadden Law Firm, LLC, of Mount Pleasant; Joseph Clay Hopkins, of Charleston; and Jeffrey D. Morris, of Myrtle Beach, all for Respondent Thuy N. Gasser.
In these two consolidated appeals, Appellant ACS Primary Care Physicians-Southeast P.C. (Provider) seeks review of the circuit court's orders denying Provider's respective motions to compel arbitration. Provider argues that Respondents, Jessica Bennett and Thuy N. Gasser (collectively, Insureds), are estopped to avoid the application of the arbitration provisions in Provider's respective contracts with Insureds' health insurer because Insureds seek to enforce the contracts based on their status as third-party beneficiaries. Provider also argues that the arbitration of Insureds' claims must be on a bilateral basis because Provider's contracts with Insureds' insurer do not authorize class arbitration.
11:20 a.m. (Time Limits: 10-10-5-5)
2021-001177 Julia Sibley-Jones, as Personal Representative of the Estate of William A.L. Sibley, Jr., Respondent-Appellant, v. Decide4Action, Inc., Appellant-Respondent.
Kimberly Truluck Thomason, Devon Marc Puriefoy, and Howard Walton Anderson, III, all of Truluck Thomason, LLC, of Greenville, for Appellant-Respondent. Gregory Jacobs English and James Edward Cox, Jr., both of Wyche, PA, of Greenville, for Respondent-Appellant.
12:00 p.m. (Time Limits: 10-10-5)
2021-001395 Snee Farm Lakes Homeowner's Association, Inc., Individually and on Behalf of those similarly situated, Appellant, v. The Commission of Public Works for the Town of Mount Pleasant d/b/a Mount Pleasant Waterworks, Respondent.
Clayton B. McCullough and Ross A. Appel, of McCullough Khan, LLC; James L. Ward, Jr., of McGowan Hood Felder & Phillips; and Susan Ranee Saunders, of Motley Rice, LLC, all of Mount Pleasant, all for Appellant. Gray Thomas Culbreath and Eleanor Lasseigne Jones, both of Gallivan, White & Boyd, PA; and James Atkinson Bruorton, IV, Timothy James Wood Muller, and David G. Jennings, all of Rosen Hagood, LLC, of Charleston, all for Respondent. Bryan Eric Shytle, of Columbia, for Amicus Curiae Municipal Association of South Carolina.
South Carolina Court of Appeals Courtroom II
The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Tuesday, May 7, 2024
10:00 a.m. (Time Limits: 10-10-5-5)
2020-001135 Wendy Brawley, Respondent/Appellant, v. Richland County, South Carolina, Appellant/Respondent.
Andrew F. Lindemann, of Lindemann Law Firm, P.A., of Columbia, for Appellant-Respondent. Jenkins McMillan Mann and Shaun C. Blake, both of Rogers Lewis Jackson & Mann, LLC, of Columbia, for Respondent-Appellant.
10:40 a.m. (Time Limits: 10-10-5)
2022-001175 Hunsten B. Ragin as Personal Representative for the Estate of Samel Ragin, Appellant, v. Pilgrim's Pride Corporation, Mary McBride, and Susan Jones, Respondents.
Dwight Christopher Moore, of Moore Law Firm, LLC, of Sumter; Neil Edward Alger, of Parker Law Group, LLP, of Ridgeland; and John Elliott Parker, Jr., of Parker Law Group, LLP, of Hampton, all for Appellant. Thomas Bacot Pritchard, of Vernis & Bowling of Columbia, LLC, of Charleston, for Respondent.