South Carolina Supreme Court Opinions

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On Wednesday, the South Carolina Supreme Court published two opinions: State v. Moore and Fisher v. Shipyard Village.

In State v. Moore, the Court reversed the court of appeals’ decision in State v. Moore, 404 S.C. 634 (Ct. App. 2013). The Court held that there was evidence to support the trial court’s original finding of reasonable suspicion, focusing on the unusual itinerary that Defendant gave the officer and the large sum of cash found on him after he stated that he was unemployed.

In Fisher v. Shipyard Village, a class action suit, the S.C. Supreme Court affirmed as modified the court of appeals’ decision reversing the trial court’s finding that the business judgment rule does not apply to the conduct of the Board of Directors of Shipyard Village Council of Co-Owners, Inc. The Court emphasized that because the business judgment rule only applies where a corporation acts within its authority, the court of appeals incorrectly stated that “any investigation” conducted by the Board pursuant to its duty to investigate “would be looked at under the business judgment rule to determine if the [Board] met its duty.” The Court also affirmed the trial court’s decision granting Petitioners partial summary judgment on the issue of breach of the Board’s duty to investigate, as the jury should have decided whether the Board breached its duty to investigate.

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