South Carolina Lawyers Weekly

Although our decision in a prior appeal said the parties’ 2002 and 2003 brokerage service agreements (BSAs) were irrelevant because they predated an alleged steering and kickback scheme, the trial on remand produced substantially different evidence, i.e., testimony that part ...

Tagged with: Arbitration

In a take-it-or-leave-it home buyer’s contract, the defendant-builder included an arbitration clause with unconscionable provisions, most notably giving the builder the exclusive right to determine which parties would be included in the arbitration. We decline to strike the offending provisions; ...

Tagged with: Arbitration

A month after plaintiff went to work for defendant, defendant sent her an email with links to a cover letter, frequently asked questions and an agreement to arbitrate any disputes arising from plaintiff’s employment. Under the terms of the email ...

Tagged with: Arbitration

Although the limitations period of the arbitration clause in the parties’ contract is one-sided and oppressive, this unconscionable provision is severable.  As modified, we affirm the circuit court’s grant of defendant’s motion to dismiss and compel arbitration.  When plaintiffs bought ...

Tagged with: Arbitration

When they bought a car from the appellant-dealership, the respondent-buyers signed a stack of agreements, including a special delivery agreement. The special delivery agreement states that the dealership will attempt to assign the parties’ retail installment sales contract (RISC) on ...

Where an arbitration panel awarded a broker over $1.1 million for wrongful termination without cause, the district court erred by refusing to enforce the award. Although the employer argued that North Carolina does not recognize a claim for wrongful termination ...

Where a customer alleged his bank violated the Truth in Lending Act, or TILA, by using money in his deposit accounts to pay the outstanding balance on a Home Equity Line of Credit or HELOC, the bank could not compel ...

Where parties to a trust agreement disputed which employers were covered by the agreements, neither the statute nor the trust agreement required the dispute to be arbitrated. Background Under the Labor Management Relations Act, unions and management can enter into ...

Plaintiffs filed suit, contending that a member of the plaintiff-limited liability company misused LLC funds to pay his personal expenses. Where the LLC’s operating agreement provided, “Any dispute as to whether a controversy or claim is subject to arbitration shall ...

Where there is no agreement to the contrary, an arbitrator, and not the court, decides the preclusive effect of a prior court judgment. Background The crux of this case is the court’s standard for reviewing arbitration awards. The district court ...