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ROTA-McLARTY v. SANTANDER CONSUMER USA, INC.

No. 11-1597.

700 F.3d 690 (2012)

Antonia ROTA-McLARTY, Plaintiff-Appellee, v. SANTANDER CONSUMER USA, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 28, 2012.

Attorney(s) appearing for the Case

ARGUED: John A. Houlihan , Edwards Wildman Palmer, LLP, Boston, Massachusetts, for Appellant. Thomas Joseph Minton , Goldman & Minton, PC, Baltimore, Maryland, for Appellee. ON BRIEF: Thomas H. Wintner , Edwards Angell Palmer & Dodge, LLP, Boston, Massachusetts, for Appellant. Bernard T. Kennedy , The Kennedy Law Firm, Edgewater, Maryland, for Appellee.

Reversed by published opinion. Judge DUNCAN wrote the opinion, in which Judge SHEDD and Judge CAIN joined.

OPINION

DUNCAN, Circuit Judge:

Santander Consumer USA ("Santander") appeals from the district court's order denying its motion to compel arbitration and stay court proceedings of Antonia Rota-McLarty's ("Rota-McLarty") claims against it.1 While finding that an enforceable arbitration agreement encompassing Rota-McLarty's claims existed, the district court nevertheless concluded that Santander had waived its right to enforce arbitration...

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