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CAIN v. MIDLAND FUNDING

No. 45, Sept. Term, 2016.

156 A.3d 807 (2017)

452 Md. 141

Clifford CAIN, Jr. v. MIDLAND FUNDING, LLC

Court of Appeals of Maryland.

Filed: March 24, 2017.

Attorney(s) appearing for the Case

Karla Gilbride ( F. Paul Bland, Jr. Public Justice, P.C., Washington, DC; Phillip Robinson , Consumer Law Center LLC, Silver Spring, MD; Scott Borison , Legg Law Firm, LLP, Frederick, MD), on brief, for petitioner.

Anthony J. May , Murnaghan Apellate Advocacy Fellow, Baltimore, MD, for amici curiae Public Justice Center, Civil Justice, Maryland Coalition for Consumer Rights, and Maryland Cash Campaign in support of Petitioner.

James P. Ulwick ( Amy E. Askew , Steven A. Book , Kramon & Graham, P.A., Baltimore, MD), on brief, for respondent.

Barbera, C.J., Greene, Adkins, McDonald, Watts, Getty, Glenn T. Harrell, Jr. (Senior Judge, Specially Assigned), JJ.

Contractual promises to arbitrate future disputes — in which parties forfeit their right to a trial in court and by a jury — have proven to be controversial. In this appeal we deal with an arbitration clause that seeks to preserve for a lender the right to sue a credit card debtor in small claims court, but insist on arbitration...

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