South Carolina Lawyers Weekly

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 ...

Even though a reading of the definition section of the parties’ dispute resolution agreement could support plaintiff’s argument that only clams of exactly $50,000 are subject to arbitration, since the agreement both begins and ends by stating the parties’ desire ...

Where a medical practice and a member physician agreed that an arbitrator’s decision “shall be final and conclusive and enforceable in any court of competent jurisdiction without any right of judicial review or appeal,” the waiver was enforceable. Background Beckley ...

Where an agent of the defendant changed material terms in a contract that were never agreed to by the plaintiffs, there was no binding contract and the defendant could not enforce the arbitration clause in the agreement. Background Sandeva “Sandy” ...

Given the language of the durable and health-care powers of attorney in question, since the principal (the attorney-in-fact’s father) did not then have a cause of action against defendants, and since signing an arbitration agreement was not required to admit ...

Assuming plaintiff was a registrant with the Financial Industry Regulatory Authority (FINRA), FINRA Rule 13200(A) required plaintiff to submit to arbitration any business-related disputes between himself and FINRA members like defendants. Nevertheless, Rule 13200(A) is not enforced against plaintiff because ...

When plaintiff bought a car from the defendant-auto dealership, the parties’ retail installment sale contract contained an arbitration clause. However, the dealership assigned the contract to a third party, thus extinguishing the dealership’s right to arbitration. We affirm the trial ...

Where a broker executed trades on investors’ portfolio margin accounts in clear violation of a rule of the Financial Industry Regulatory Authority Inc., or FINRA, the arbitration panel did not manifestly disregard the law by imposing liability against the broker, ...

Where choice-of-law-provisions required the application of tribal law, they operated as a prospective waiver of a party’s right to pursue statutory remedies and, as a result, violated public policy and were unenforceable. Background In this appeal, the court considers the ...