Opinion
Civil No. - JFM-14-1671
08-07-2017
MICHELLE HAYWOOD v. FORD MOTOR CREDIT CO., LLC
MEMORANDUM
The Fourth Circuit has remanded this case for this court to consider the effect of Cain v. Midland Funding, LLC, 452 Md. 141, 156 A.3d 807 (Md. 2017), upon the issues to be decided. Having considered the matter, I reach the conclusion that Cain has no implication here. Midland's motion to compel arbitration was brought under the Maryland Uniform Arbitration Act. In contrast, Ford Motor Credit's motion was filed under federal law, specifically Section 3 of the Federal Arbitration Act. "Unlike some waiver doctrines, 'the circumstances giving rise to a statutory default are limited and, in light of the federal policy favoring arbitration, are not to be lightly inferred.'" Accordingly, I reaffirm my ruling granting Ford Motor Credit's motion to compel arbitration and ordering the parties to arbitrate their dispute pursuant to the arbitration agreement. Date: August 7, 2017
/s/_________
J. Frederick Motz
United States District Judge