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11 South Carolina opinions name it 2 courts 1936–2024 2 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 |
|---|---|---|
Moses H. Cone Memorial Hospital v. Mercury Construction Corp.green2 sentences2003Corp., 460 U.S. 1, 24-25 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983) (“[A]s a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of contract language itself or an allegation of waiver, delay, or a like defense to arbitrability.”); Tritech Elec., Inc. v. Frank M. 2003Corp., 460 U.S. 1, 24-25 , 103 S.Ct. 927 , 74 L.Ed.2d 765 (1983) (“[A]s a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of contract language itself or an allegation of waiver, delay, or a like defense to arbitrability.”); Tritech Elec., Inc. v. Frank M. | 2 | 3 |
BG Group, PLC v. Republic of Argentinagreen2 sentences2024These procedural matters include claims of "waiver, delay, or a like defense to arbitrability." And they include the satisfaction of "prerequisites such as time limits, notice, laches, estoppel, and other conditions precedent to an obligation to arbitrate." BG Grp., 572 U.S. at 34–35 (emphasis added) (citations omitted) (quoting Moses H. 2022See BG Grp., PLC v. Republic of Argentina, 572 U.S. 25, 35 (2014) (stating procedural matters including claims of "waiver, delay, or a like defense to arbitrability" are for arbitrators to decide (quoting Moses H. | 1 | 2 |
Chimel v. Californiared1 sentence2005Id. at 762-63. | 1 | 1 |
Heffner v. Destiny, Inc.green2 sentences2003Hall & Co., 343 S.C. 396, 399 , 540 S.E.2d 864, 865 (Ct.App.2000) (“The policy of the United States and this State is to favor arbitration of disputes.”) (quoting Heffner v. Destiny, Inc., 321 S.C. 536, 537 , 471 S.E.2d 135, 136 (1995)). 2003Hall & Co., 343 S.C. 396, 399 , 540 S.E.2d 864, 865 (Ct.App.2000) (“The policy of the United States and this State is to favor arbitration of disputes.”) (quoting Heffner v. Destiny, Inc., 321 S.C. 536, 537 , 471 S.E.2d 135, 136 (1995)). | 1 | 1 |
Tritech Electric, Inc. v. Frank M. Hall & Co.green2 sentences2003Hall & Co., 343 S.C. 396, 399 , 540 S.E.2d 864, 865 (Ct.App.2000) (“The policy of the United States and this State is to favor arbitration of disputes.”) (quoting Heffner v. Destiny, Inc., 321 S.C. 536, 537 , 471 S.E.2d 135, 136 (1995)). 2003Hall & Co., 343 S.C. 396, 399 , 540 S.E.2d 864, 865 (Ct.App.2000) (“The policy of the United States and this State is to favor arbitration of disputes.”) (quoting Heffner v. Destiny, Inc., 321 S.C. 536, 537 , 471 S.E.2d 135, 136 (1995)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Diane O'Neil v. Hilton Head Hospital
green
1 sentence1999Therefore, ‘“any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or a like defense to arbitrability.’ ” O’Neil, 115 F.3d at 273 -4 (quoting Moses H. | 1 | 1999–1999 |
Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.
green
2 sentences1998“The Arbitration Act establishes that, as a matter of federal law, any doubts concerning the scope of *397 arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or a like defense to arbitrability_” Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 626 , 105 S.Ct. 3346, 3353-54 , 87 L.Ed.2d 444 (1985) (citing Moses H. 1998“The Arbitration Act establishes that, as a matter of federal law, any doubts concerning the scope of *397 arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or a like defense to arbitrability_” Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 626 , 105 S.Ct. 3346, 3353-54 , 87 L.Ed.2d 444 (1985) (citing Moses H. | 1 | 1998–1998 |
Holliday v. Pegram
neutral
1 sentence1946A case directly in point to that effect is that of Holliday v. Pegram, 101 S. C., 378, 85 S. E., 908 , wherein the court held that where all the terms of a contract of rental are agreed upon, except the rent, the landlord would be entitled to recover a reasonable rental *442 (quoting) “on quantum meruit — a contract implied by the law”. | 1 | 1946–1946 |
Edward & Walter v. Enterprise Bank
neutral
1 sentence1942J., Section 975, page 774: “As a general rule in an action on an express contract evidence as to the value of the subject-matter, or of the services to be rendered under the contract is inadmissible, unless it is introduced for the purpose of showing the likelihood of whether a controverted contract was entered into, or to establish what the price actually fixed on was.” The foregoing principle, it seems to me, is sustained by the case of Edward & Walter v. Enterprise Bank, 87 S. C., 84, 68 S. E., 961 , which was an action on a special contract for professional services by architects. | 1 | 1942–1942 |
Addison v. Duncan
neutral
1 sentence1936“The party having the opening in an argument shall disclose fully the law upon which he relies if demanded by the opposite party.” The leading case in this State, and a case which has been cited and followed, is Addison v. Duncan, 35 S. C., 165, 14 S. E., 305, 307 . | 1 | 1936–1936 |
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.