113 results for 'court:"USDC South Carolina Aiken"'.
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J. Austin denies the city's motion to alter or amend judgment in the property owners' suit alleging breaches of contracts associated with redevelopment of a shopping center, along with the property owners' motion for attorney fees and costs. The city's contention that the property owners' agreement to sell to a third party did not constitute "valuable consideration" for the city's own agreement with the property owners because the third-party agreement preexisted the city's agreement fails, since there is no evidence in the record establishing that the property owners entered into any binding agreement to sell before signing their agreement with the city. The city's defense against the property owners' claims, however, was not without substantial justification, nor was its assertion of counterclaims.
Court: USDC South Carolina Aiken, Judge: Austin, Filed On: February 26, 2024, Case #: 7:20cv1305, NOS: Other Contract - Contract, Categories: Fraud, Municipal Law, Contract
J. Coggins partially grants the law enforcement agency's motion for summary judgment in the drivers' suit arguing that traffic citations issued to them improperly deprived them of their right to trial by jury. The drivers have not established that the citation system deprives them of that right, since the printed language of the citations unambiguously informs the recipients that they are entitled to a jury trial regardless of any statements by officials. The constitutional claim is therefore dismissed, and a remaining claim for unjust enrichment is remanded to a state court.
Court: USDC South Carolina Aiken, Judge: Coggins, Filed On: February 22, 2024, Case #: 7:21cv2799, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution, Vehicle
J. Hendricks grants the employees' motion for conditional class certification in their suit alleging that the restaurant improperly claimed a tipped credit to reduce hourly wages below the federal minimum while requiring employees to pool tips with the restaurant's owner and manager. The employees have adequately alleged that they are similarly situated and were subjected to a common, unlawful policy. Credibility questions and fact disputes raised by the employer are not sufficient to prevent class certification.
Court: USDC South Carolina Aiken, Judge: Hendricks, Filed On: February 14, 2024, Case #: 2:22cv4020, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor