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 ...

Tagged with: Equitable Estoppel Statute of Limitations

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 ...

Tagged with: Construction Defects Contract Statute of Limitations

  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 ...

Tagged with: Statute of Limitations

This opinion has been withdrawn.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: ...

Tagged with: Statute of Limitations

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 ...

Tagged with: Statute of Limitations

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 ...

Tagged with: Statute of Limitations

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 ...

Tagged with: insurance denial Statute of Limitations

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 ...

Tagged with: Statute of Limitations

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. ...

Tagged with: 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 – ...

Tagged with: Statute of Limitations