Herron v. Century BMW

This case returned to the South Carolina Supreme Court from the United States Supreme Court for reconsideration in light of "AT&T Mobility, LLC v. Concepcion." The underlying action originally came to the Court on appeal of the trial court's denial of Appellant Century BMW's motion to compel arbitration. The Court affirmed the trial court's denial of the motion to compel. Following that decision, Appellant filed a petition for rehearing, contending the Supreme Court's opinion was inconsistent with the federal Supreme Court's decision in "Stolt-Nielsen S.A. v. Animalfeeds International Corp." which found that the federal Arbitration Act preempted South Carolina law. The South Carolina Court emphasized that its opinion was based on state law grounds, and admonished Appellant for "attempting to reframe the issues and miscast [the Court's] holding as disingenuous to the opinion and a holding [it] never made." Thereafter, Appellant petitioned the United States Supreme Court for a writ of certiorari. The South Carolina Court's opinion was vacated by the federal Supreme Court and remanded for consideration in light of its decision in "AT&T Mobility, LLC v. Concepcion." Respondents Heather Herron and several others "individually and for the benefit of all car buyers who paid 'administrative fees'" argued that the matter of preemption was not preserved in the South Carolina proceedings. The South Carolina Court agreed and therefore adhered to its initial opinion. View "Herron v. Century BMW" on Justia Law