· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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