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13 South Carolina opinions name it 2 courts 1998–2014 0 in the last five years
The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bazzle v. Green Tree Financial Corp.green2 sentences2011Corp., 351 S.C. 244, 268 , 569 S.E.2d 349, 361 (2002), vacated and remanded on other grounds, 539 U.S. 444 , 123 S.Ct. 2402 , 156 L.Ed.2d 414 (2003). 2011Corp., 351 S.C. 244, 268 , 569 S.E.2d 349, 361 (2002), vacated and remanded on other grounds, 539 U.S. 444 , 123 S.Ct. 2402 , 156 L.Ed.2d 414 (2003). | 4 | 4 |
C-SCULPTURES, LLC v. Browngreen2 sentences2014See C-Sculptures, LLC v. Brown, 394 S.C. 519, 523 , 716 S.E.2d 678, 680 (Ct. App. 2011) ("[F]or a court to vacate an arbitration award based upon an arbitrator's manifest disregard of the law, the governing law ignored by the arbitrator must be well defined, explicit, and clearly applicable. [M]anifest disregard of the law occurs when the arbitrator knew of a governing legal principle yet refused to apply it, and the law disregarded was well defined, explicit, and clearly applicable to the case." (citation and internal quotation marks omitted)), rev'd on other grounds, 403 S.C. 53 , 742 S.E.2d 2014See C-Sculptures, LLC v. Brown, 394 S.C. 519, 523 , 716 S.E.2d 678, 680 (Ct. App. 2011) ("[F]or a court to vacate an arbitration award based upon an arbitrator's manifest disregard of the law, the governing law ignored by the arbitrator must be well defined, explicit, and clearly applicable. [M]anifest disregard of the law occurs when the arbitrator knew of a governing legal principle yet refused to apply it, and the law disregarded was well defined, explicit, and clearly applicable to the case." (citation and internal quotation marks omitted)), rev'd on other grounds, 403 S.C. 53 , 742 S.E.2d | 3 | 3 |
Harris v. Bennettgreen2 sentences2012An award will be vacated only under narrow, limited circumstances." (internal quotation marks omitted)); Harris v. Bennett, 332 S.C. 238, 243 , 503 S.E.2d 782, 785 (Ct. App. 1998) ("[T]he decision of an [arbitrator] will be vacated only under certain grounds as provided by statute or upon the non-statutory ground of 'manifest disregard of the law.'"); C-Sculptures, 394 S.C. at 523 , 716 S.E.2d at 680 ("An arbitrator manifestly disregards the law when he or she appreciates the existence of a clearly governing legal principle and decides to ignore it."); Trident Technical Coll. v. Lucas & Stubbs 2012An award will be vacated only under narrow, limited circumstances." (internal quotation marks omitted)); Harris v. Bennett, 332 S.C. 238, 243 , 503 S.E.2d 782, 785 (Ct. App. 1998) ("[T]he decision of an [arbitrator] will be vacated only under certain grounds as provided by statute or upon the non-statutory ground of 'manifest disregard of the law.'"); C-Sculptures, 394 S.C. at 523 , 716 S.E.2d at 680 ("An arbitrator manifestly disregards the law when he or she appreciates the existence of a clearly governing legal principle and decides to ignore it."); Trident Technical Coll. v. Lucas & Stubbs | 3 | 3 |
C-Sculptures, LLC v. Browngreen2 sentences2014See C-Sculptures, LLC v. Brown, 394 S.C. 519, 523 , 716 S.E.2d 678, 680 (Ct. App. 2011) ("[F]or a court to vacate an arbitration award based upon an arbitrator's manifest disregard of the law, the governing law ignored by the arbitrator must be well defined, explicit, and clearly applicable. [M]anifest disregard of the law occurs when the arbitrator knew of a governing legal principle yet refused to apply it, and the law disregarded was well defined, explicit, and clearly applicable to the case." (citation and internal quotation marks omitted)), rev'd on other grounds, 403 S.C. 53 , 742 S.E.2d 2014See C-Sculptures, LLC v. Brown, 394 S.C. 519, 523 , 716 S.E.2d 678, 680 (Ct. App. 2011) ("[F]or a court to vacate an arbitration award based upon an arbitrator's manifest disregard of the law, the governing law ignored by the arbitrator must be well defined, explicit, and clearly applicable. [M]anifest disregard of the law occurs when the arbitrator knew of a governing legal principle yet refused to apply it, and the law disregarded was well defined, explicit, and clearly applicable to the case." (citation and internal quotation marks omitted)), rev'd on other grounds, 403 S.C. 53 , 742 S.E.2d | 2 | 2 |
cluster 566879green2 sentences2002See, e.g., Marshall v. Green Giant Co., 942 F.2d 539 (8th Cir.1991) (“manifest disregard of the law” which allows court to intrude upon arbitrator’s decision exists when arbitrator commits error that was obvious and capable of being instantly perceived by average person qualified to be an arbitrator; “disregard” implies the arbitrator appreciates the existence of a clearly governing legal principle, but decides to ignore or pay no attention to it). 2002See, e.g., Marshall v. Green Giant Co., 942 F.2d 539 (8th Cir.1991) ("manifest disregard of the law" which allows court to intrude upon arbitrator's decision exists when arbitrator commits error that was obvious and capable of being instantly perceived by average person qualified to be an arbitrator; "disregard" implies the arbitrator appreciates the existence of a clearly governing legal principle, but decides to ignore or pay no attention to it). | 2 | 2 |
Trident Technical College v. Lucas & Stubbs, Ltd.green2 sentences2013Indeed, “[a]n arbitrator’s ‘manifest disregard of the law,’ as a basis for vacating an arbitration award occurs when the arbitrator knew of a governing legal principle yet refused to apply it.” Id. at 241-12 , 676 S.E.2d at 323 . 2012An award will be vacated only under narrow, limited circumstances." (internal quotation marks omitted)); Harris v. Bennett, 332 S.C. 238, 243 , 503 S.E.2d 782, 785 (Ct. App. 1998) ("[T]he decision of an [arbitrator] will be vacated only under certain grounds as provided by statute or upon the non-statutory ground of 'manifest disregard of the law.'"); C-Sculptures, 394 S.C. at 523 , 716 S.E.2d at 680 ("An arbitrator manifestly disregards the law when he or she appreciates the existence of a clearly governing legal principle and decides to ignore it."); Trident Technical Coll. v. Lucas & Stubbs | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Green Tree Financial Corp. v. Bazzle
green
2 sentences2011Corp., 351 S.C. 244, 268 , 569 S.E.2d 349, 361 (2002), vacated and remanded on other grounds, 539 U.S. 444 , 123 S.Ct. 2402 , 156 L.Ed.2d 414 (2003). 2011Corp., 351 S.C. 244, 268 , 569 S.E.2d 349, 361 (2002), vacated and remanded on other grounds, 539 U.S. 444 , 123 S.Ct. 2402 , 156 L.Ed.2d 414 (2003). | 4 | 2005–2011 |
Batten v. Howell
green
2 sentences2006Absent one of these grounds, an arbitration award will be vacated only on the non-statutory ground of manifest disregard or perverse misconstruction of the law. Batten , 300 S.C. at 548 , 389 S.E.2d at 172 . [M]anifest disregard of the law occurs when the arbitrator knew of a governing legal principle yet refused to apply it, and the law disregarded was well defined, explicit, and clearly applicable to the case. Bazzle v. Green Tree Fin. 2006Absent one of these grounds, an arbitration award will be vacated only on the non-statutory ground of manifest disregard or perverse misconstruction of the law. Batten , 300 S.C. at 548 , 389 S.E.2d at 172 . [M]anifest disregard of the law occurs when the arbitrator knew of a governing legal principle yet refused to apply it, and the law disregarded was well defined, explicit, and clearly applicable to the case. Bazzle v. Green Tree Fin. | 2 | 2006–2006 |
Gissel v. Hart
green
1 sentence2013Indeed, “[a]n arbitrator’s ‘manifest disregard of the law,’ as a basis for vacating an arbitration award occurs when the arbitrator knew of a governing legal principle yet refused to apply it.” Id. at 241-12 , 676 S.E.2d at 323 . | 1 | 2013–2013 |
Weimer v. Jones
green
1 sentence2009Weimer v. Jones, 364 *242 S.C. 78, 610 S.E.2d 850 (Ct.App.2005). | 1 | 2009–2009 |
Georgia Department of Medical Assistance v. Bowen
green
2 sentences2002(App. Br. p. 12) (citing Trident Technical College v. Lucas Stubbs, Ltd., 286 S.C. 98 , 333 S.E.2d 781 (1985), cert. denied 474 U.S. 1060 , 106 S.Ct 803 , 88 L.Ed.2d 779 (1986)). 2002(App. Br. p. 12) (citing Trident Technical College v. Lucas Stubbs, Ltd., 286 S.C. 98 , 333 S.E.2d 781 (1985), cert. denied 474 U.S. 1060 , 106 S.Ct 803 , 88 L.Ed.2d 779 (1986)). | 1 | 2002–2002 |
Local Union 542, International Union of Operating Engineers v. Pennsylvania
green
1 sentence2002(App. Br. p. 12) (citing Trident Technical College v. Lucas Stubbs, Ltd., 286 S.C. 98 , 333 S.E.2d 781 (1985), cert. denied 474 U.S. 1060 , 106 S.Ct 803 , 88 L.Ed.2d 779 (1986)). | 1 | 2002–2002 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.