Divided S.C. High Court Finds Builder’s Arbitration Clause Unenforceable
(July 8, 2016, 1:46 PM EDT) -- COLUMBIA, S.C. — A 3-2 panel of the South Carolina Supreme Court on July 6 affirmed an appellate court’s decision to sustain a trial court’s ruling denying D.R. Horton Inc.’s motion to compel arbitration on a construction defects lawsuit, after agreeing that an arbitration clause was unenforceable because its terms were unconscionable (Gregory W. Smith v. D.R. Horton Inc., et al., No. 27645, S.C. Sup.; 2016 S.C. LEXIS 155).
(Opinion available. Document #09-160805-010Z.)
The majority of Justices Jean Toal, Donald W. Beatty and Kaye G. Hearn...