Herron v. CENTURY BMW

This case returns to us on remand from the United States Supreme Court to reconsider our opinion in Herron v. Century BMW 1 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 before this Court on appeal of the trial court’s denial of Appellant Century BMW’s motion to compel arbitration. We affirmed in result the trial court’s denial of the motion to compel. 3

Following our decision, Appellant filed a petition for…