Legal Opinion

Patterson v. Witter

Supreme Court of South Carolina

Decided June 15, 2016No. Appellate Case No. 2014-000963; Opinion No. 5416PublishedCited by 1 opinion

1Opinion of the Court

WILLIAMS, J.:

In this civil matter, Allen Patterson and several others1 (collectively “Appellants”) appeal the circuit court’s grant of the South Carolina Home Builders Self Insurers Fund (the Fund) and its trustees’ (collectively “Respondents”) Rule 12(b)(6), SCRCP, motion to dismiss. Appellants argue the court erred in (1) finding the Fund was not a trust; (2) ruling *73the action involved derivative claims subject to the pleading requirements of Rule 23(b)(1), SCRCP; and (3) holding Appellants’ complaint did not comply -with such requirements. We affirm.

PACTS/PROCEDURAL HISTORY

Home Builders…

2Cases cited20 opinions

  1. Alfred Blasband v. Steven M. Rales Mitchell P. Rales John Doe 1-10 Danaher Corporation, Alfred Blasband, Derivatively on Behalf of Danaher CorporationCourt of Appeals for the Third Circuit · 1992
  2. Doe v. MarionSupreme Court of South Carolina · 2007
  3. Allison Ex Rel. General Motors Corp. v. General Motors Corp.District Court, D. Delaware · 1985
  4. Hayne Federal Credit Union v. BaileySupreme Court of South Carolina · 1997
  5. Transportation Insurance v. South Carolina Second Injury FundSupreme Court of South Carolina · 2010

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3Cited by1 opinion

  1. Allen Patterson, Steve Tilton, Richard Sendler, Lincoln Privette, Marc Ellis, Joey Carter, Barry Davis, Michael Nieri, Allen Patterson Residential LLC v. WitterSupreme Court of South Carolina · 2018

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