Legal Opinion

Kyere v. Durand

Court of Special Appeals of Maryland

Decided February 27, 2026No. 0261/24Published

1Opinion of the Court

Kyere, Jr. v. Durand, et al. No. 261, Sept. Term, 2024 Opinion by Leahy, J. Arbitration > Agreement to Arbitrate The Supreme Court of Maryland has recognized that “consideration of a motion to compel arbitration may involve two separate, and distinct, issues: (1) whether an agreement to arbitrate exists; and (2) whether a particular dispute falls within the scope of the arbitration agreement.” Access Funding, LLC v. Linton,

482 Md. 602, 642

(2022). When reviewing a circuit court’s decision to compel arbitration, our primary focus must remain squarely on the first issue. See

id.

Arbitration >…

2Cases cited22 opinions

  1. Pritzker v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1993
  2. Sunkist Soft Drinks, Inc., Del Monte Corporation, Nabisco Brands, Inc. v. Sunkist Growers, Inc.Court of Appeals for the Eleventh Circuit · 1993
  3. Walther v. Sovereign BankCourt of Appeals of Maryland · 2005
  4. Hartford Accident & Indemnity Co. v. Scarlett Harbor Associates Ltd. PartnershipCourt of Appeals of Maryland · 1997
  5. MacKey v. Compass Marketing, Inc.Court of Appeals of Maryland · 2006

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