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Amalgamation Does Not Include Individuals

The South Carolina Supreme Court recently provided additional guidance about the application of the doctrine of amalgamation/single business enterprise theory in Stoneledge at Lake Keowee Owners’ Assoc., Inc. v. IMK Dev....more

The S.C. Appellate Practice And The Coronavirus Emergency

The South Carolina Supreme Court (“Court”) has been proactive throughout the coronavirus (COVID-19) emergency. It issued its first order on the subject on March 4, 2020, and it has collected all of its related...more

There Is Nothing Remotely Nefarious In This Post

This is a follow up to a previous blog - Single Business Enterprise Theory f/k/a Amalgamation - that provided an overview of recent South Carolina appellate cases discussing and applying the test for considering multiple...more

Single Business Enterprise Theory F/K/A Amalgamation

Last summer, the South Carolina Supreme Court formally adopted the doctrine of amalgamation in Pertuis v. Front Roe Restaurants, Inc., 423 S.C. 640, 817 S.E.2d 273 (2018), clarifying years of opinions on the subject from the...more

Nothing In Common (Or Not Enough To Satisfy Rule 23’s Commonality Requirement)

In BLH v. SCDSS issued today, the Court of Appeals overturned a trial court order granting class certification in an action stemming from alleged breaches of adoption assistance subsidy agreements. As an initial matter,...more

So, You’re Telling Me I Have to Follow the Whole Rule?

In Smith v. Fedor, issued today, the South Carolina Court of Appeals found that a judge may dismiss a motion under Rule 59, SCRCP without considering the merits if it is not provided to the judge within ten days of filing....more

Wait - Who Do You Work For Again?

Court of Appeals reverses judgment for bank customer on breach of fiduciary duty claim in case where representations in question were made by an individual that was not employed by the Bank at that time. In Gibson v....more

The End Of The Road? Court Of Appeals Issues New Case Regarding Appealability And Motions To Dismiss.

In Tillman v. Tillman, issued today, the South Carolina Court of Appeals found that an order granting a motion to dismiss is not immediately appealable if the Plaintiff is also granted leave to amend his or her complaint in...more

6/15/2017  /  Appeals , Motion to Dismiss
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