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· 10/27/1992

Omni Outdoor Advertising, Inc. v. Columbia Outdoor Advertising, Inc. J. Willis Cantey the City of Columbia

Citations

  • 974 F.2d 502
  • 1992 WL 210602

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • ruling that the plaintiff could not argue in its second appeal that it was entitled to a new trial based on a theory of liability that it could have, but did not, assert in its first appeal
  • noting that claims for civil conspiracy are governed by § 15-3-530(5) which sets a three-year statute of limitations
  • holding the UTPA does not apply to \an unfair or deceptive act or practice that affects only the parties to a trade or commercial transaction\
  • “[N]othing in the federal rules encourages a plaintiff to delay bringing causes of action until the plaintiff’s ‘better’ claim is resolved.”
  • finding delay when the new theories put forth by plaintiff “were available to [plaintiff] when it first brought [the] lawsuit”
  • issues not raised on first appeal will be considered waived and cannot be raised in a subsequent appeal

Source: CourtListener parenthetical corpus (CC0).

Judges: Sprouse, Wilkinson, Haden, Southern, Virginia

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.