The South Carolina Supreme Court has clarified the scope of the covenant of good faith and fair dealing implied in every contract.  In Road, LLC v. Beaufort County, Op. No. 28204 (May 15, 2024), the Court held that a party’s...

A South Carolina woman’s attempt to change her story in a trip-and-fall lawsuit backfired when the Court of Appeals upheld the trial court’s ruling excluding what it called a “Sham Affidavit” submitted in opposition of the defendant’s motion for summary...

When can a Shopkeeper detain an employee or customer suspected of theft?  South Carolina courts hold firm that in order to be afforded the protections under the Shopkeeper Statute or other similar common law doctrine, a detention by a merchant...

Today, the South Carolina Supreme Court clarified the well-established standard for motions for summary judgment. In The Kitchen Planners, LLC v. Samuel E. Friedman, Op. no. 28173 (Aug. 23, 2023), the Court took the opportunity to clarify the proper standard...

In a recent unpublished decision from the Court of Appeals, a defendant successfully argued that once counsel appears in the case, all papers must be served upon counsel. In Mayers v. Henthorn, Op. No. 2023-UP-177 (S.C. Ct. App. May 11,...

Are you a company that utilizes independent contractors in your operations? The South Carolina Supreme Court now says you may be held liable in the negligent selection of your independent contractor. On June 21, 2023, the South Carolina Supreme Court...