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Statute of Limitations

Jun 2, 2020

Statute of limitations doesn’t apply to promissory estoppel

  South Carolina’s three-year statute of limitations doesn’t apply to claims for promissory estoppel, the state’s Supreme Court has ruled, answering a certified question from the federal district court. Johnny Thomerson alleges that the former owners of Lenco Marine, a manufacturer of boat products, promised in 2007 to give him a small ownership interest in […]

Oct 19, 2018

Contract – Construction Defects – Statute of Limitations – Directed Verdict

Defendant, the first developer of the residential development at issue, was found partially responsible for the damages caused by construction defects. On appeal, defendant argued that the trial court erred in denying a directed verdict motion based on the statute of limitations. Because certain homeowners did not discover their cause of action against defendant for […]

Nov 29, 2017

State seeking reconsideration of decision on tolling of statute

  The South Carolina Department of Disabilities and Special Needs has asked the state Court of Appeals to reconsider a decision that gives disabled residents the ability to extend the statute of limitations on a claim for up to five years, even when they have guardians managing their affairs. DDSN’s attorneys, William Davidson and Kenneth […]

Nov 10, 2017

Civil Practice – Statute of Limitations – Tolling – Guardian Appointment – Mental Incompetence – First Impression – Tort/Negligence – DDSN Commitment

This opinion has been withdrawn. Estate of Mims v. South Carolina Department of Disabilities & Special Needs (Lawyers Weekly No. 011-076-17, 12 pp.) (Per Curiam) Appealed from Richland County Circuit Court (G. Thomas Cooper Jr., J.) S.C. App. Unpub. Holding: We hold that a mentally disabled man’s disability did not end when his mother was […]

Sep 11, 2017

Civil Rights – Medicaid Benefits Reduction – Statute of Limitations – Governor’s Objections

Timpson v. Haley (Lawyers Weekly No. 002-127-17, 11 pp.) (Mary Geiger Lewis, J.) 6:16-cv-01174; D.S.C. Holding: Even though there is a two-year statute of limitations applicable to claims under the South Carolina Tort Claims Act, and even though plaintiffs filed suit three years after plaintiff Johnny Timpson’s injuries arose, since S.C. Code Ann. § 15-3-40 […]

Aug 14, 2017

Civil Practice – Statute of Limitations – Anguillan Mortgage – Overdraft Agreement – Judicial Estoppel – Plaintiff’s Bankruptcy – Forum Non Conveniens

National Bank of Anguilla v. Considine (Lawyers Weekly No. 002-102-17, 8 pp.) (Patrick Michael Duffy, J.) 9:17-cv-00653; D.S.C. Holding: Whether the court applies South Carolina’s 20-year statute of limitations, S.C. Code Ann. § 15-3-520(a), or the 12-year Anguillan statute of limitations, plaintiff has timely filed its breach of contract claim based on defendants’ alleged failure […]

Jul 7, 2017

Insurance – Civil Practice – Statute of Limitations – Denial Letter – Appeal Process

Davis v. Bankers Life & Casualty Co. (Lawyers Weekly No. 002-168-17, 10 pp.) (Timothy Cain, J.) 6:16-cv-03100; D.S.C. Holding: The defendant-insurance company denied plaintiff’s claim via a July 8, 2013, letter, which also explained that plaintiff could submit additional materials “for further review” and that the company would “consider your appeal and … contact you […]

Feb 20, 2017

Civil Practice – Statute of Limitations – Breach of Contract – Banks & Banking – Mortgage Insurance

Hughes v. Bank of America, N.A. (Lawyers Weekly No. 002-056-17, 5 pp.) (Mary Geiger Lewis, J.) 7:15-cv-05083; D.S.C. Holding: Plaintiffs claim that defendant breached its contracts with them and violated the Truth in Lending Act when defendant charged them for mortgage insurance from 2006 (plaintiff Hughes) or 2008 (plaintiff Hafter) to 2015, and plaintiffs argue […]

Jan 27, 2017

Civil Practice – Statute of Limitations – Service of Process – Tort/Negligence – Parking Lot Pothole – Ohio Plaintiffs

Kinder v. City of Myrtle Beach (Lawyers Weekly No. 002-029-17, 11 pp.) (R. Bryan Harwell, J.) 4:15-01416; D.S.C. Holding: Plaintiffs timely filed their personal injury action, but they relied on an Ohio rule which allows a year to serve process. Since plaintiffs filed suit near the expiration of the statute of limitations but did not […]

Sep 12, 2016

Labor & Employment – Collective Action – Certification Denied – Exotic Dancer – Statute of Limitations

Sodekson v. East Coast Restaurant & Nightclubs, LLC (Lawyers Weekly No. 002-174-16, 19 pp.) (R. Bryan Harwell, J.) 4:15-cv-02711; D.S.C. Holding: The named plaintiff worked as an exotic dancer for only three months within the statute of limitations period – if she can prove a willful violation of the Fair Labor Standards Act – and […]

Aug 12, 2016

Civil Practice – Statute of Limitations – Affirmative Defense – Contract Dates

American Tower Asset Sub, LLC v. PTA-FLA, Inc. (Lawyers Weekly No. 002-141-16, 7 pp.) (Mary Geiger Lewis, J.) 6:15-cv-03700; D.S.C. Holding: Since defendant’s counterclaims are based on a letter agreement that was in effect from Dec. 24, 2009 through Dec. 23, 2011, and since defendant filed its counterclaims on Nov. 23, 2015, defendant’s counterclaims are […]

Jul 6, 2016

Divided appeals court gives lenders the gift of time

A ruling of first impression that split the South Carolina Court of Appeals has given lenders more time to sue over unpaid debts.

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