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TEMPORARY SVCS. v. AMERICAN INTERN. GRP.

No. 26835.

388 S.C. 348 (2010)

697 S.E.2d 527

TEMPORARY SERVICES, INC., on behalf of themselves and all others similarly situated; and Charleston Steel & Metal Company, on behalf of themselves and all others similarly situated, Plaintiffs, v. AMERICAN INTERNATIONAL GROUP, INC.; American Home Assurance Company; Commerce and Industry Insurance Company; National Union Fire Insurance Company of Pittsburgh, PA; and American International Underwriters Corporation, Defendants.

Supreme Court of South Carolina.

Decided July 19, 2010.

Attorney(s) appearing for the Case

James K. Holmes , of Steinberg Law Firm, of Charleston; Richard A. Harpootlian and Graham Lee Newman , both of Columbia, and Mark D. Chappell, J.   Richards McCrae, III , W. Hugh McAngus, Jr. , all of Chappell, Smith & Arden, of Columbia, for Plaintiffs.

Stephen G. Morrison , Robert H. Brunson , and Jay T. Thompson , all of Nelson Mullins Riley & Scarborough, of Columbia, and Michael B. Carlinsky , Kevin S. Reed , Jennifer J. Barrett , Safia G. Hussain and Lee Katherine Turner , all of Quinn Emanuel Urquhart & Sullivan, of New York, New York, for Defendants.

Chief Justice TOAL:

In this matter, the United States District Court for the District of South Carolina has certified two questions regarding the applicability of the filed rate doctrine to Plaintiffs' claims.

FACTS/PROCEDURAL BACKGROUND

The underlying lawsuit was filed by Temporary Services, Inc. and Charleston Steel and Metal Company (Plaintiffs) against American International Group, Inc., Commerce and...

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