Wells Fargo Bank, N.A. v. EGIS 521, LLC Defendants did not demand arbitration until approximately 16 months after the commencement of this commercial foreclosure action, after defendants had enjoyed the benefit of discovery, and after the plaintiff-bank had incurred time and expense in engaging in discovery and preparing its motions to compel and for summary judgment.

Tagged with: Arbitration Mortgages Real Property Waiver

Moore v. State Even though petitioner’s trial counsel testified that petitioner definitely wanted a bench trial, counsel had little recollection of his discussions with petitioner about a jury trial versus a bench trial, and petitioner testified that he wanted a jury trial.

Tagged with: Constitutional Criminal Practice Ineffective Assistance of Counsel PCR Waiver

Fitzgerald v. Norris Plaintiff’s claim to fire insurance proceeds against the debtor, plaintiff’s former housemate, should have been filed in an adversary proceeding. By failing to do so, plaintiff waived the claim.

Tagged with: Bankruptcy Civil Practice Waiver

U.S. v. Thornsbury A convicted felon pleading guilty to possession of ammunition, who waived his right to appeal “any sentence,” cannot seek to have his sentence on the firearm charge reduced in light of his assistance to the government in prosecuting an unrelated case, and the 4th Circuit dismisses this appeal of the district court’s denial of the government’s motion for a sentence reduction pursuant to Fed. Rule Crim. P. 35(b).

Tagged with: Appeals Criminal Guilty Plea Sentencing Waiver

Coker v. Fireman’s Fund Insurance Co. The homeowners’ insurance policy at issue says that the insured must “agree to ... repair or rebuild the Dwelling or Other Structure with equivalent construction” in order for the policy’s full-cost replacement coverage provision to apply. There is no express language limiting payment until after reconstruction is complete. The defendant-insurer is not entitled to summary judgment based on the fact that plaintiffs have not yet incurred the replacement costs. The insurer’s motion for summary judgment or, in the alternative, to compel appraisal is denied.

Tagged with: Homeowners Insurance Waiver

Wachovia Bank, N.A. v. Blackburn Although the prominent jury trial waiver in defendants’ promissory notes is valid and binding, it does not apply to defendants’ counterclaims, which are based on their allegations that the bank partnered with a developer and made misrepresentations about the properties being sold and the construction of amenities. We affirm the trial court’s ruling that defendants waived their right to a jury trial in matters related to the promissory notes and other loan documents. We reverse the trial court’s ruling that defendants’ counterclaims are encompassed by the waiver.

Tagged with: Constitutional counterclaims Foreclosure Jury Trial Mortgages Promissory Note Real Property Tort/Negligence Waiver

Davis v. KB Home of South Carolina, Inc. Even though there was an arbitration clause in the employment application that plaintiff filled out, the parties’ subsequent employment contract did not have an arbitration clause, and it did have a merger clause. Thus, plaintiff is not required to submit his wrongful termination claim to arbitration. We affirm the circuit court’s denial of defendants’ motion to compel arbitration.

Tagged with: Arbitration Labor & Employment Waiver

Boyd v. Metropolitan Life Ins. Co. (Lawyers Weekly No. 001-066-11, 13 pp.) (Wilkinson, J.) No. 10-1702, March 31, 2010; USDC at Charleston, S.C. (Houck, J.) 4th Cir. Click here for the full text of the opinion. Holding: Although a husband ...

Tagged with: Domestic Relations ERISA Insurance Life Waiver

State v. Moses. (Lawyers Weekly No. 011-132-10, 11 pp.) (Daniel F. Pieper, J.) Appealed from Greenville County Circuit Court. (John C. Few, J.) S.C. App. Click here for the full text of the opinion. Holding: Even though the 17-year-old special ...

Tagged with: Criminal Practice Evidence Greenville County Miranda Warnings Waiver