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DISCOVER BANK v. VADEN

No. 04-1848.

396 F.3d 366 (2005)

DISCOVER BANK; Discover Financial Services, Incorporated, Plaintiffs-Appellees, v. Betty E. VADEN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 24, 2005.

Attorney(s) appearing for the Case

ARGUED: John Andrew Mattingly, Jr., Baldwin, Briscoe & Mattingly, Chtd., Lexington Park, Maryland, for Appellant. Christopher Landau, Kirkland & Ellis, L.L.P., Washington, D.C., for Appellees. ON BRIEF: Joseph W. Hovermill, Matthew T. Wagman, John C. Celeste, II, Miles & Stockbridge, P.C., Baltimore, Maryland; Alan S. Kaplinsky, Martin C. Bryce, Jr., Ballard, Spahr, Andrews & Ingersoll, L.L.P., Philadelphia, Pennsylvania, for Appellees.

Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges.

Vacated and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge TRAXLER and Judge DUNCAN joined.

OPINION

WILKINSON, Circuit Judge:

Betty Vaden, a Discover card holder, was sued in state court by Discover Financial Services, an affiliate of Discover Bank, for her unpaid credit card balance. In response, she instituted several class action counterclaims against Discover Financial Services based on state law. Discover then...

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