No specific laws identified for this ruling.
South Carolina Supreme Court reversed the Court of Appeals and held the entire arbitration agreement unenforceable because it contained an illegal statute of limitations shortening clause in an adhesion contract, and refused to sever the clause. The case is remanded to circuit court for the Huskins to proceed with their claims.
In this opinion, the Court holds that a clause in an arbitration agreement attempting to shorten the statute of limitations is void as against public policy. The Court further holds the illegal clause is not severable and renders the entire arbitration section of the contract unenforceable.
This summary was generated to explain the ruling in plain English and is not legal advice.
For eighty-two years, this Court struggled to correctly apply the "statutory employee doctrine." Today, following our more recent decisions on the statutory employee doctrine, we apply the doctrine in light of the General Assembly's original purpose for enacting it. We find the circuit court and the court of appeals correctly determined the injured worker was not the statutory employee of the defendant.
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