Legal Opinion

Plowman v. Bagnal

Supreme Court of South Carolina

Decided October 19, 1994No. 24090PublishedCited by 14 opinions

1Opinion of the Court

Harwell, Chief Justice:

This is a private action for damages under S.C. Code Ann. § 39-5-140 (1985) of the South Carolina Unfair Trade Practices Act (UTPA). Appellants contend that the trial judge erred in ruling that in a private action, the “controlling persons” of a corporation are not personally liable as a matter of law for damages caused by the corporation’s unfair trade practices. We disagree and affirm.

I. Facts

Thomas Bagnal (Bagnal), J. Allen Shumaker (Shumaker), and Duncan Lang (Lang) formed Innovative Developers, Inc. (Innovative) for the purpose of developing and selling a real…

2Cases cited12 opinions

  1. Federal Trade Commission v. Standard Education SocietySupreme Court of the United States · 1937
  2. Grayson v. Nordic Construction Co.Washington Supreme Court · 1979
  3. Eastern Star, Inc. v. Union Building Materials Corp.Hawaii Intermediate Court of Appeals · 1985
  4. Gilstrap Ex Rel. Gilstrap v. South Carolina Budget & Control BoardSupreme Court of South Carolina · 1992
  5. State Ex Rel. McLeod v. C & L CORP. INC.Court of Appeals of South Carolina · 1984

7 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Saltiel v. GSI Consultants, Inc.Supreme Court of New Jersey · 2002
  2. Rowe v. HyattSupreme Court of South Carolina · 1996
  3. Bessinger v. Food Lion, Inc.District Court, D. South Carolina · 2003
  4. BPS, INC. v. WorthyCourt of Appeals of South Carolina · 2005
  5. Davis v. NationsCredit Financial Services Corp.Supreme Court of South Carolina · 1997

9 more not listed; retrieve them via the Exa API.

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