South Carolina Lawyers Weekly
Goldberg v. C.B. Richard Ellis, Inc. Where plaintiffs attack the validity, not of the arbitration provision, but of the entire contract, plaintiffs’ claims are subject to arbitration.
Tagged with: Arbitration
Read More »Arbitration – Underlying Contract – Real Property – Appraisal
Arbitration – Credit Counseling Contract – Severable Sentences – Statutory Remedies – Unconscionability 
Whitman v. Legal Helpers Debt Resolution, LLC In the parties’ credit counseling contract, the arbitration clause’s final two sentences (“The costs of arbitration, excluding legal fees, will be split equally or be borne by the losing party, as determined by the arbitrator.
Tagged with: Contract
Read More »Arbitration – Labor & Employment – Employee Handbook – Exception – Anti-Retaliation Statute
St. Denis v. OneMain Financial The broad arbitration clause in the parties’ employee handbook carves out an exception for “disputes which by statute are not arbitrable.
Read More »Arbitration – Consumer Protection – Litigation Activity – Motion to Compel – Six-Month Delay – No Waiver
Rota-McLarty v. Santander Consumer USA Inc. A district court erred in applying Maryland law, instead of the Federal Arbitration Act, to deny a financing company’s motion to compel arbitration of a car buyer’s lawsuit; the 4th Circuit says the financing company did not waive arbitration by delaying about six months before filing its motion to compel and using “litigation machinery” to remove the case to federal court, file an answer and take the car buyer’s deposition.
Read More »Arbitration – Employment Contract – Temp Agency – Non-Signatory
Pearson v. Hilton Head Hospital Even though the plaintiff-employee did not sign the contract between the defendant-employer and the defendant-temp agency, both that contract and the one between the employee and the temp agency include arbitration clauses.
Tagged with: Arbitration
Read More »Arbitration – Employment Contract – Waiver Argument – Removal – Motion to Dismiss – Answer
Kidston v. Resources Planning Corp. Defendants’ only actions in litigation have been to remove to federal court, file motions to dismiss, and file answers. Plaintiff has not been prejudiced by any of these actions.
Tagged with: ' Removal Arbitration motion to dismiss
Read More »Arbitration – Auto Lease – Credit Life Insurance – Failure to Procure
Walden v. Harrelson Nissan, Inc. Although S.C. Code Ann. § 15-48-10(b)(4) says that a written arbitration agreement does not apply to “any insured or beneficiary under any insurance policy,” the contract in which the parties’ arbitration agreement appears is not an insurance policy but an automobile lease.
Tagged with: Arbitration
Read More »Arbitration – Litigation Activity – No Prejudice – Litigation Expenses & Strategy – Employee Benefit Plans
Wheeling Hospital Inc. v. The Health Plan of the Upper Ohio Valley Inc. In this dispute between two hospitals and a health system plan over payments under employee benefit plans, the district court erred in saying the Health Plan’s litigation activity meant it “defaulted” on its right to arbitrate the dispute; the 4th Circuit says there’s no per se prejudice from a dispositive motion, and the hospital plaintiffs did not otherwise show prejudice from delay, their litigation expenses and any revelation of their “litigation strategy.”
Tagged with: Arbitration No Prejudice
Read More »Arbitration – Real Property – Sale of Completed Home – FAA Inapplicable – Intrastate Contract – First Impression
Bradley v. Brentwood Homes, Inc. When a buyer contracts to buy a completed house, the fact that out-of-state contractors were involved in building the house does not convert an intrastate contract into one involving interstate commerce. Therefore, the Federal Arbitration Act is inapplicable. Since the contract did not satisfy the requirements of the S.C. Uniform Arbitration Act, the buyer was not required to submit his claims to arbitration.
Tagged with: Arbitration First Impression Real Property
Read More »Arbitration – Construction Contract – Enforceability – Certification to W.Va. Supreme Court
Dan Ryan Builders Inc. v. Nelson In this contract dispute with a builder, a new-home buyer says the contract’s arbitration clause is not enforceable because it allows the builder to sue for certain kinds of disputes, but the buyer is forced to arbitrate all disputes; the 4th Circuit certifies to the West Virginia high court a question about the enforceability of the arbitration clause in this case.
Tagged with: Arbitration
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