flexible doctrine (South Carolina) · Go Syfert
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flexible doctrine in South Carolina

6 South Carolina opinions name it 2 courts 1998–2020 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.

Followed or applied (7)

CaseFollowedCited
Barnes v. Johnsongreen
scctapp · 2013 · cited in 2 South Carolina opinions naming this issue, 2018–2020
2 sentences

2020See, e.g., A&P Enters., LLC v. SP Grocery of Lynchburg, LLC, 422 S.C. 579, 587 , 812 S.E.2d 759, 763 (Ct. App. 2018) (stating, in an appeal from a special referee, that South Carolina courts recognize a remedy in equity for promissory estoppel); Barnes v. Johnson, 402 S.C. 458, 469 , 742 S.E.2d 6, 11 (Ct. App. 2013) (observing promissory estoppel "is a flexible doctrine that aims to achieve equitable results" and to provide "a remedy where contract law cannot"); Craft v. S.C.

2020See, e.g., A&P Enters., LLC v. SP Grocery of Lynchburg, LLC, 422 S.C. 579, 587 , 812 S.E.2d 759, 763 (Ct. App. 2018) (stating, in an appeal from a special referee, that South Carolina courts recognize a remedy in equity for promissory estoppel); Barnes v. Johnson, 402 S.C. 458, 469 , 742 S.E.2d 6, 11 (Ct. App. 2013) (observing promissory estoppel "is a flexible doctrine that aims to achieve equitable results" and to provide "a remedy where contract law cannot"); Craft v. S.C.

12
A&P Enters., LLC v. SP Grocery of Lynchburg, LLCgreen
scctapp · 2018 · cited in 1 South Carolina opinions naming this issue, 2020–2020
2 sentences

2020See, e.g., A&P Enters., LLC v. SP Grocery of Lynchburg, LLC, 422 S.C. 579, 587 , 812 S.E.2d 759, 763 (Ct. App. 2018) (stating, in an appeal from a special referee, that South Carolina courts recognize a remedy in equity for promissory estoppel); Barnes v. Johnson, 402 S.C. 458, 469 , 742 S.E.2d 6, 11 (Ct. App. 2013) (observing promissory estoppel "is a flexible doctrine that aims to achieve equitable results" and to provide "a remedy where contract law cannot"); Craft v. S.C.

2020See, e.g., A&P Enters., LLC v. SP Grocery of Lynchburg, LLC, 422 S.C. 579, 587 , 812 S.E.2d 759, 763 (Ct. App. 2018) (stating, in an appeal from a special referee, that South Carolina courts recognize a remedy in equity for promissory estoppel); Barnes v. Johnson, 402 S.C. 458, 469 , 742 S.E.2d 6, 11 (Ct. App. 2013) (observing promissory estoppel "is a flexible doctrine that aims to achieve equitable results" and to provide "a remedy where contract law cannot"); Craft v. S.C.

11
Craft v. South Carolina Commission for Blindgreen
scctapp · 2009 · cited in 1 South Carolina opinions naming this issue, 2020–2020
2 sentences

2020Comm'n for the Blind, 385 S.C. 560, 564 , 685 S.E.2d 625, 627 (Ct. App. 2009) ("Promissory estoppel is equitable in nature.

2020Comm'n for the Blind, 385 S.C. 560, 564 , 685 S.E.2d 625, 627 (Ct. App. 2009) ("Promissory estoppel is equitable in nature.

11
Rushing v. McKinneygreen
scctapp · 2006 · cited in 1 South Carolina opinions naming this issue, 2018–2018
2 sentences

2018In Barnes v. Johnson , this court explained that "[a]lthough promissory estoppel is a flexible doctrine that aims to achieve equitable results, it, like all creatures of equity, has limitations." 402 S.C. 458 , 469, 742 S.E.2d 6 , 11 (Ct. App. 2013) ; see Rushing v. McKinney , 370 S.C. 280 , 295, 633 S.E.2d 917 , 925 (Ct. App. 2006) (holding absence of clearly articulated terms between the parties precludes recovery in promissory estoppel).

2018In Barnes v. Johnson , this court explained that "[a]lthough promissory estoppel is a flexible doctrine that aims to achieve equitable results, it, like all creatures of equity, has limitations." 402 S.C. 458 , 469, 742 S.E.2d 6 , 11 (Ct. App. 2013) ; see Rushing v. McKinney , 370 S.C. 280 , 295, 633 S.E.2d 917 , 925 (Ct. App. 2006) (holding absence of clearly articulated terms between the parties precludes recovery in promissory estoppel).

11
Doe v. 2TheMart. Com Inc.green
wawd · 2001 · cited in 1 South Carolina opinions naming this issue, 2013–2013
1 sentence

2013See, e.g., 2TheMart.com Inc., 140 F.Supp.2d at 1095 (noting the adopted test "provides a flexible framework for balancing the First Amendment rights of anonymous speakers with the right of civil litigants to protect their interests through the litigation discovery process”); Cahill, 884 A.2d at 460 (setting forth "the appropriate test by which to strike the balance” between the right to exercise free speech anonymously and the right to obtain the identity of the anonymous speaker). .

11
Doe v. Cahillgreen
del · 2005 · cited in 1 South Carolina opinions naming this issue, 2013–2013
1 sentence

2013See, e.g., 2TheMart.com Inc., 140 F.Supp.2d at 1095 (noting the adopted test "provides a flexible framework for balancing the First Amendment rights of anonymous speakers with the right of civil litigants to protect their interests through the litigation discovery process”); Cahill, 884 A.2d at 460 (setting forth "the appropriate test by which to strike the balance” between the right to exercise free speech anonymously and the right to obtain the identity of the anonymous speaker). .

11
Quill Corp. v. North Dakota Ex Rel. Heitkampred
scotus · 1992 · cited in 1 South Carolina opinions naming this issue, 2004–2004
2 sentences

2004Burger King Corp. v. Rudzewicz, 471 U.S. 462 , 105 S.Ct. 2174 , 85 L.Ed.2d 528 (1985); Aviation Assocs. & Consultants, Inc. v. Jet Time, Inc., 303 S.C. 502 , 402 S.E.2d 177 (1991); see also Quill Corp. v. North Dakota, 504 U.S. 298, 307 , 112 S.Ct. 1904 , 119 L.Ed.2d 91 (1992) (“[W]e have abandoned more formalistic tests that focused on a defendant’s ‘presence’ within a State in favor of a more flexible inquiry into whether a defendant’s contacts with the forum made it reasonable, in the context of our federal system of Government, to require it to defend the suit in that State.”); Internation

2004Burger King Corp. v. Rudzewicz, 471 U.S. 462 , 105 S.Ct. 2174 , 85 L.Ed.2d 528 (1985); Aviation Assocs. & Consultants, Inc. v. Jet Time, Inc., 303 S.C. 502 , 402 S.E.2d 177 (1991); see also Quill Corp. v. North Dakota, 504 U.S. 298, 307 , 112 S.Ct. 1904 , 119 L.Ed.2d 91 (1992) (“[W]e have abandoned more formalistic tests that focused on a defendant’s ‘presence’ within a State in favor of a more flexible inquiry into whether a defendant’s contacts with the forum made it reasonable, in the context of our federal system of Government, to require it to defend the suit in that State.”); Internation

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
International Shoe Co. v. Washington green
scotus · 1945
2 sentences

2004Burger King Corp. v. Rudzewicz, 471 U.S. 462 , 105 S.Ct. 2174 , 85 L.Ed.2d 528 (1985); Aviation Assocs. & Consultants, Inc. v. Jet Time, Inc., 303 S.C. 502 , 402 S.E.2d 177 (1991); see also Quill Corp. v. North Dakota, 504 U.S. 298, 307 , 112 S.Ct. 1904 , 119 L.Ed.2d 91 (1992) (“[W]e have abandoned more formalistic tests that focused on a defendant’s ‘presence’ within a State in favor of a more flexible inquiry into whether a defendant’s contacts with the forum made it reasonable, in the context of our federal system of Government, to require it to defend the suit in that State.”); Internation

2004Burger King Corp. v. Rudzewicz, 471 U.S. 462 , 105 S.Ct. 2174 , 85 L.Ed.2d 528 (1985); Aviation Assocs. & Consultants, Inc. v. Jet Time, Inc., 303 S.C. 502 , 402 S.E.2d 177 (1991); see also Quill Corp. v. North Dakota, 504 U.S. 298, 307 , 112 S.Ct. 1904 , 119 L.Ed.2d 91 (1992) (“[W]e have abandoned more formalistic tests that focused on a defendant’s ‘presence’ within a State in favor of a more flexible inquiry into whether a defendant’s contacts with the forum made it reasonable, in the context of our federal system of Government, to require it to defend the suit in that State.”); Internation

21998–2004
Murdock v. Murdock green
scctapp · 1999
2 sentences

2004Murdock , 338 S.C. at 333 , 526 S.E.2d at 248 .

2004Murdock , 338 S.C. at 333 , 526 S.E.2d at 248 .

12004–2004
Aviation Associates and Consultants, Inc. v. Jet Time, Inc. green
sc · 1991
2 sentences

2004Burger King Corp. v. Rudzewicz, 471 U.S. 462 , 105 S.Ct. 2174 , 85 L.Ed.2d 528 (1985); Aviation Assocs. & Consultants, Inc. v. Jet Time, Inc., 303 S.C. 502 , 402 S.E.2d 177 (1991); see also Quill Corp. v. North Dakota, 504 U.S. 298, 307 , 112 S.Ct. 1904 , 119 L.Ed.2d 91 (1992) (“[W]e have abandoned more formalistic tests that focused on a defendant’s ‘presence’ within a State in favor of a more flexible inquiry into whether a defendant’s contacts with the forum made it reasonable, in the context of our federal system of Government, to require it to defend the suit in that State.”); Internation

2004Burger King Corp. v. Rudzewicz, 471 U.S. 462 , 105 S.Ct. 2174 , 85 L.Ed.2d 528 (1985); Aviation Assocs. & Consultants, Inc. v. Jet Time, Inc., 303 S.C. 502 , 402 S.E.2d 177 (1991); see also Quill Corp. v. North Dakota, 504 U.S. 298, 307 , 112 S.Ct. 1904 , 119 L.Ed.2d 91 (1992) (“[W]e have abandoned more formalistic tests that focused on a defendant’s ‘presence’ within a State in favor of a more flexible inquiry into whether a defendant’s contacts with the forum made it reasonable, in the context of our federal system of Government, to require it to defend the suit in that State.”); Internation

12004–2004
Burger King Corp. v. Rudzewicz green
scotus · 1985
2 sentences

2004Burger King Corp. v. Rudzewicz, 471 U.S. 462 , 105 S.Ct. 2174 , 85 L.Ed.2d 528 (1985); Aviation Assocs. & Consultants, Inc. v. Jet Time, Inc., 303 S.C. 502 , 402 S.E.2d 177 (1991); see also Quill Corp. v. North Dakota, 504 U.S. 298, 307 , 112 S.Ct. 1904 , 119 L.Ed.2d 91 (1992) (“[W]e have abandoned more formalistic tests that focused on a defendant’s ‘presence’ within a State in favor of a more flexible inquiry into whether a defendant’s contacts with the forum made it reasonable, in the context of our federal system of Government, to require it to defend the suit in that State.”); Internation

2004Burger King Corp. v. Rudzewicz, 471 U.S. 462 , 105 S.Ct. 2174 , 85 L.Ed.2d 528 (1985); Aviation Assocs. & Consultants, Inc. v. Jet Time, Inc., 303 S.C. 502 , 402 S.E.2d 177 (1991); see also Quill Corp. v. North Dakota, 504 U.S. 298, 307 , 112 S.Ct. 1904 , 119 L.Ed.2d 91 (1992) (“[W]e have abandoned more formalistic tests that focused on a defendant’s ‘presence’ within a State in favor of a more flexible inquiry into whether a defendant’s contacts with the forum made it reasonable, in the context of our federal system of Government, to require it to defend the suit in that State.”); Internation

12004–2004

Where else courts name it

NY 169 (1937–2026) TX 127 (1973–2025) CT 107 (1978–2026) IL 64 (1961–2026) LA 52 (1963–2022) CA 51 (1896–2026) CO 50 (1964–2026) NJ 45 (1960–2025) MN 45 (1896–2025) PA 43 (1964–2025) MI 33 (1979–2026) RI 30 (1951–2023) FL 27 (1967–2025) VT 25 (1993–2026) WI 25 (1922–2022) OH 24 (1968–2025) MD 23 (1957–2024) NC 22 (1963–2025) MO 20 (1963–2017) MA 18 (1929–2014) WA 18 (1967–2016) AK 18 (1977–2023) DC 18 (1966–2022) NM 15 (1992–2010) MT 15 (1983–2024) UT 14 (2000–2023) DE 13 (1979–2022) IA 12 (1973–2024) NH 12 (1975–2021) ME 12 (1972–2023) HI 12 (1960–2010) KS 11 (1974–2016) AL 11 (1967–2007) NE 11 (1981–2024) IN 11 (1985–2025) OK 10 (1928–2019) ID 10 (1969–2022) AZ 10 (1973–2022) TN 9 (1981–2017) OR 9 (1943–2021) GA 8 (1967–2013) WV 7 (1963–2001) VA 7 (1979–2010) SD 6 (1990–2025) SC 6 (1998–2020) WY 5 (1982–2017) AR 5 (1990–2019) KY 4 (1979–2026) MS 4 (2004–2014) ND 3 (1989–2000) NV 2 (2000–2021)

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.

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