Court Applies North Carolina Law to Find Malpractice Action Time-Barred
David Overstreet and Mike McCall recently obtained summary judgment in a legal malpractice action that was filed in South Carolina, but arose out of a law firm’s representation of a client in a North Carolina personal injury case. David and Mike argued that Plaintiff’s claims against the law firm were time-barred under North Carolina’s statute of repose for professional negligence cases. South Carolina does not have a comparable statute of repose, which set the stage for a dispositive choice of law dispute. They argued that the statute of repose is substantive law, that Plaintiff’s claims were governed by the substantive law of North Carolina, and that the case should be dismissed. The South Carolina Court agreed and granted the law firm summary judgment.