HERRON v. CENTURY BMW

No. 26805.

395 S.C. 461 (2011)

719 S.E.2d 640

Heather HERRON, Natalie Armstrong, Michael Ritz, Julie Freeman, Christine Watts, Alison Dannert, Michael Blease and Michael Watts, Individually and for the Benefit of All Car Buyers Whom Paid "Administrative Fees" as Described below to Defendants, Respondents, v. CENTURY BMW a/k/a Sonic Automotive, Dick Dyer & Associates, Inc., Galeana Chrysler Plymouth, Inc., a/k/a Galeana Chrysler Jeep, Inc., J.L.H. Investments LP, a/k/a Hendrick Honda, Overland, Inc., d/b/a Land Rover of Columbia, Taylor Toyota, a/k/a Taylor Investments, and Toyota of Greenville, Inc., et. al., Defendants of whom Century BMW a/k/a Sonic Automotive is the Appellant.

Supreme Court of South Carolina.

Refiled December 19, 2011.


Attorney(s) appearing for the Case

Dennis M. Black , and Ryan L. VanGrack , of Williams & Connolly, of Washington, Steven W. Hamm and C. Jo Anne Wessinger-Hill , of Richardson, Plowden & Robinson, of Columbia, for Appellant.

A. Camden Lewis and Ariail E. King , of Columbia, Richard A. Harpootlian , of Columbia, Edwin Grey Wicker and Michael E. Spears , both of Spartanburg, and Gedney M. Howe, III , of Charleston, for Respondents.


Justice KITTREDGE.

This case returns to us on remand from the United States Supreme Court to reconsider our opinion in Herron v. Century BMW1 in light of its decision in AT&T Mobility LLC v. Concepcion.2 Because the issue of preemption was not preserved for review in the South Carolina proceedings, we reinstate our initial opinion.

I.

The underlying action originally came...

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