Category Archives: Noteworthy Cases

SC Time Limits Not Jurisdictional

In South Carolina, parties cannot waive a lack of subject matter jurisdiction and may attack jurisdiction for the first time on appeal. See, e.g., Badeaux v. Davis337 S.C. 195, 522 S.E.2d 835 (Ct.App. 1999). An earlier post, however, noted that such attacks are growing rarer.

Last month, the South Carolina Supreme Court further narrowed these attacks when it rebuffed a challenge to a circuit court’s ability to hear medical malpractice cases. Ross v. Waccamaw Community Hospital, 404 S.C. 56, 744 S.E.2d 547 (2013). Continue reading