United States Fourth Circuit

In plaintiff's putative class action, alleging violations of various state consumer protection laws for undisclosed finance charges and other unfair business practices in connection with a purchase of a used vehicle, district court's denial of defendant's motion to compel arbitration is reversed and remanded where: 1) the district court erred in declining to apply the FAA, because the underlying transaction relates to interstate commerce and defendant's motion adequately invoked section 3 or 4 of the FAA so as to create appellate jurisdiction under the statute's exception to the final judgment rule; and 2) the record does not support the district court's finding that defendant waived its right to enforce arbitration.

Appellate Information

• Decided 11/28/2012
• Published 11/28/2012

Judges

• Duncan

Court

• United States Fourth Circuit

Counsel