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. ...

Tagged with: Statute of Limitations

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

Tagged with: S.C. Court of Appeals Statute of Limitations

Doe v. City of Duncan (Lawyers Weekly No. 011-052-16, 8 pp.) (James Lockemy, J.) Appealed from Spartanburg County Circuit Court (J. Derham Cole, J.) S.C. App. Holding: Where the plaintiff-military servicemember filed a negligent supervision action – alleging he was ...

Tagged with: Statute of Limitations

In cases turning on questions of state law, a ruling from the South Carolina Supreme Court is typically the final word—unless the court later decides that it should have said things a little differently. That happened May 25, when the ...

Tagged with: Statute of Limitations

Vieira v. Hill (In re KNH Aviation Services, Inc.) (Lawyers Weekly No. 002-011-16, 15 pp.) (David Duncan, C.J.) 15-80170; B.S.C. Holding: Under Delaware law, the question of whether statutes of limitations may be tolled can be determined from the point ...

Tagged with: Statute of Limitations

Croft v. Bayview Loan Servicing, LLC (Lawyers Weekly No. 002-039-16, 9 pp.) (Mary Geiger Lewis, J.) 3:14-cv-04630; D.S.C. Holding: The Fair Credit Reporting Act has a two-year statute of limitations, and plaintiff knew or should have known of defendant’s alleged ...

Tagged with: Statute of Limitations

Statutes of limitations are unforgiving masters, and South Carolina’s three-year time limit for bringing legal malpractice lawsuits is less forgiving than most. For over a decade, its courts had held that the clock began to tick the moment a jury ...

Tagged with: Statute of Limitations

The Georgetown County Circuit Court will have to revisit its decision not to restore a property lawsuit to the docket after the South Carolina Court of Appeals on Aug. 12 found that the lower court wrongly determined that the statute ...

Tagged with: Bankruptcy Statute of Limitations

Goodwin v. Landquest Development, LLC (Lawyers Weekly No. 011-080-15, 10 pp.) (John Few, C.J.) Appealed from Georgetown County Circuit Court (Benjamin Culbertson, J.) S.C. App. Holding: Plaintiffs’ timely-filed lawsuit was “stricken” when one of the defendants declared bankruptcy. When plaintiffs ...

Tagged with: Bankruptcy Statute of Limitations

McMaster v. Dewitt (Lawyers Weekly No. 011-126-14, 12 pp.) (John Few, Ch. J.) Appealed from Richland County Circuit Court (Alison Renee Lee, J.) S.C. App. Holding: Plaintiff’s deposition testimony indicates he learned in May 2008 that his delusional and paranoid ...

Tagged with: Statute of Limitations