Supreme Court of South Carolina
Allen Patterson, Steve Tilton, Richard Sendler, Lincoln Privette, Marc Ellis, Joey Carter, Barry Davis, Michael…
November 14, 2018425 S.C. 213
Summary
The South Carolina Supreme Court reversed the Court of Appeals and held that the petitioners satisfied the pleading requirements of Rule 23(b)(1) regardless of whether the Home Builders Self‑Insurers Fund is characterized as a trust. Accordingly, the dismissal of the complaint was improper and the case was remanded for further proceedings. The Court also clarified that Rule 23(b)(1) applies to derivative actions against trusts or unincorporated associations.