As the novel coronavirus has and continues to wreak havoc on so many lives, so does it affect contracts, whether they be those between landlord and tenant, buyer and seller, or otherwise. As addressed by my esteemed colleague...more
It is no surprise to any reader - we are all trying to cope the best we can in light of COVID-19 and the novel issues it continues to present. There is little history to guide us on legal challenges unique to this pandemic....more
The South Carolina Court of Appeals recently provided a general yet thorough overview of the court’s perspective as to arbitration agreements, with a focus on such agreements in light of authority granted pursuant to a power...more
What is a “Change?” -
S.C. Code Ann. Section 38-77-160 serves to establish an insurer’s duty to offer, at the option of an insured, underinsured motorist coverage (“UIM”) up to the limits of the insured liability coverage,...more
South Carolina’s courts have long and consistently articulated that insurance policies are contracts, governed by the general rules of contract construction. Our courts have just as consistently held that insurers may include...more
“The motion for a new trial shall be made promptly after the jury is discharged, or in the discretion of the court not later than 10 days thereafter.” Rule 59(b), SCRCP (emphasis added). Knowing the stringency with which...more
In a premises liability action, the duty a landowner owes depends on the status assigned to the person upon the property. Generally, South Carolina acknowledges four categories; trespassers, invitees, licensees and children....more
Generally, the right to enforce arbitration may be waived. While there is no established rule as to what constitutes waiver, it typically requires a showing of prejudice through undue burden resulting from the delay in...more
In May 2015, Raymond Wacha and Alphonso Dudley were involved in an automobile accident. At the time, Wacha, an employee of Founders National Golf, LLC, was driving a truck owned by that entity and insured by a commercial...more
Nearly one year ago, in this space, we addressed the issue of whether South Carolina’s attorney-client privilege was facing its ultimate demise, in the context of insurance bad faith litigation. At that time, based upon an...more
It is well established that policies of insurance are contracts, subject to basic contract law. While parties are generally permitted to contract as they wish, such privilege is not absolute in the context of insurance;...more
The South Carolina Contribution Among Tortfeasors Act (the Act), as we now know it, is nearing the fifteenth year of its infancy, and its application continues to require careful analysis and thoughtful refinement. Most...more
Generally, an appeal confers jurisdiction upon the court of appeals while simultaneously divesting the district court of its jurisdiction over aspects of the case involved in the appeal. In a succinct opinion, the United...more
Based upon a somewhat cryptic set of facts, the United States District Court recently looked at two issues regularly employed or encountered by practitioners: interpleader actions and motions for more definite statement....more
Arbitration emanates from contract, and the enforceability of an arbitration agreement is governed by general concepts of contract law. A power of attorney is a written document by which one, as principal, authorizes another...more
Generally, South Carolina applies the doctrine of lex loci delicti in tort actions, and thus, applies the law of the state in which the purported injury occurred. An exception to this general rule is the public policy...more
South Carolina Supreme Court Employs Direct Benefits Test -
To those of you kind enough to visit this site regularly – no, you are not seeing double. On December 18, 2018 we addressed the United States District Court’s...more
The South Carolina Supreme Court recently addressed the role of a victim or witness in circumstances giving rise to claims for false imprisonment and malicious prosecution, and the consequences thereof, in the matter of...more
It remains the law in South Carolina that a landlord generally owes no affirmative duty to a tenant to provide security for the leased premises to protect the tenant from criminal activity of third parties. In a recent...more
The South Carolina Rules of Civil Procedure, by definition, are intended to govern the procedure followed in all South Carolina courts in all civil actions, whether legal or equitable. Also by definition, the rules shall be...more
It is well established that an insurance policy is a contract, requiring each party to comply with its respective obligations thereunder. The scope of those obligations, the determination of compliance and any consequence is...more
Discovery is a critical part of most cases. Some law firms have entire sections dedicated solely to discovery. Some attorneys enjoy the quest for more information while others find discovery to be the bane of their existence....more
In South Carolina, as in most jurisdictions, unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful. See South Carolina Unfair Trade Practices Act (the...more
Those of us with any significant history of practice in South Carolina have made an allegation or defended against an allegation of slander of title. Such allegations, and actions for slander of title, were significantly...more
More than a year ago, we examined the agonizing history of Vanderhall, a single case spanning several years, marked by a panoply of fact twists, struggling to achieve a finding of bad faith. So tortuous was the history that...more