Legal Opinion

Flexon v. PHC-Jasper, Inc.

Court of Appeals of South Carolina

Decided July 29, 2015No. Appellate Case No. 2013-002498; No. 5336PublishedCited by 3 opinions

1Opinion of the CourtGeathers, J.

In this breach of contract action, Appellant Lifepoint Hospitals, Inc. (Lifepoint) seeks review of the circuit court’s denial of its motion to compel arbitration. Lifepoint argues the circuit court incorrectly applied the law-of-the-case doctrine to the motion to compel. Lifepoint also argues the circuit court incorrectly applied the “commerce in fact” test to determine whether the physician services performed by Respondent Phillip Flexon, M.D. affected interstate commerce and, thus, triggered the Federal Arbitration Act (FAA). We affirm.

FACTS/PROCEDURAL HISTORY

In the fall of 2006, Lifepoint…

2Cases cited20 opinions

  1. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
  2. Futch v. McAllister Towing of Georgetown, Inc.Supreme Court of South Carolina · 1999
  3. United States v. United States Smelting Refining & Mining Co.Supreme Court of the United States · 1950
  4. Zabinski v. Bright Acres AssociatesSupreme Court of South Carolina · 2001
  5. Southern Railway Co. v. CliftSupreme Court of the United States · 1922

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3Cited by3 opinions

  1. Virgin Islands Taxi Ass'n v. Virgin Islands Port AuthoritySupreme Court of The Virgin Islands · 2017
  2. Builders Mut. Ins. Co. v. Bob Wire Elec., Inc.Court of Appeals of South Carolina · 2018
  3. Maybank 2754, LLC v. Eugene J. ZurloCourt of Appeals of South Carolina · 2024

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