wanted to let you know about a great result our firm obtained today from the
South Carolina Supreme Court regarding the enforceability of an arbitration
agreement (link below).
partner, Josh Whitley, argued this case before the Court and did a masterful
job of persuading the Justices. While the decision does not completely
settle things in our case, it is nonetheless a significant decision in our
state because it overturns some very unfavorable law in SC pertaining to the
issue of interstate commerce under the FAA. It also undermines the plaintiff’s
frequently asserted arguments regarding lack of forum availability and waiver.
All of which signals a shift toward enforceability of arbitration
you have any questions about this decision or anything else in South Carolina
that we can assist you with, please don’t hesitate to give me a call.
Todd W. Smyth
Smyth Whitley, LLC
234 Seven Farms Drive
BB&T Plaza, Suite 215
Charleston, SC 29492
ph. (843) 606-5635
fax (843) 654-4095