South Carolina Lawyers Weekly

Where arbitration agreements included within the terms of payday loans provided for the application of tribal law, to the exclusion of any contrary federal statutory law, the agreements were unenforceable because they prevented a plaintiff from effectively vindicating certain federal ...

The plaintiff-granddaughter claims the defendant-nursing home breached duties that arose when the nursing home (1) failed to locate plaintiff’s grandmother, a nursing home resident; (2) called the grandmother’s family, including plaintiff, to notify them of the grandmother’s disappearance; (3) enlisted ...

Problems arose after the plaintiff-purchaser bought a car from the defendant-dealership in April 2017, and the parties entered into another contract in June 2017. Both contracts included arbitration agreements, and the scope of the arbitration agreements covered not only their ...

An arbitrator must decide whether, when plaintiff financed a car at a dealership in 2011, the arbitration agreement she signed at that time requires her to arbitrate a dispute that arose in 2015 when she declined a dealership salesman’s pitch ...

In this defective construction action, an affidavit from the defendant-general contractor’s controller says the construction involved interstate commerce such as the use of out-of-state contractors and materials and equipment manufactured outside South Carolina. Since the transaction here involved interstate commerce, ...

Where an agreement involving defense contractors excluded Title VII claims from arbitration “unless and until federal law no longer prohibits the Firm from mandating arbitration of such claims,” and PricewaterhouseCoopers LLP no longer performs the work that prohibited mandatory arbitration, ...

In an issue of first impression, the court joined the Sixth Circuit in holding a private arbitral panel is a “tribunal” under 28 U.S.C. § 1782(a), which allows a district court to order testimony or documents for use in the ...

Where the Berkeley County School District and parties it has sued disagree about the existence and enforceability of arbitration agreements, there are disputes of material fact that must be resolved at trial. Background The appellants sought arbitration of federal and ...

Even though plaintiff’s decedent (her uncle) signed a durable power of attorney for finance in favor of plaintiff before he entered defendant’s nursing facility, the finance power of attorney was not recorded until after plaintiff signed the decedent’s admission forms, ...

Petitioners include insureds, who allege, for example, that the defendant insurance agent converted their premium payments and failed to get them the insurance coverage they paid for, and competing insurance agencies, who allege the defendant-agent and -agency engaged in unfair ...