South Carolina Lawyers Weekly

In this litigation arising out of a subcontractor’s (defendant IES Commercial Inc.) alleged failure to pay for the work of a sub-subcontractor (plaintiff Greenwood Inc.), the dispute resolution clause in the contract between the parties, which was drafted by IES ...

Tagged with: Arbitration

In the contract pursuant to which the plaintiff-buyers bought a home from the defendant-builder, the final two sentences of the arbitration provision unconscionably shorten the limitation period for claims from three years to either 90 or 30 days, depending upon ...

Tagged with: Arbitration

Even though the Adult Health Care Consent Act gave the decedent’s son authority to sign a nursing home admission agreement on his mother’s behalf, the Act did not give the son authority to sign a separate arbitration agreement. The decedent’s ...

Tagged with: Arbitration

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 ...