Legal Opinion
Henry v. Gateway, Inc.
Court of Special Appeals of Maryland
Decided August 31, 2009No. 0537 September Term, 2008PublishedCited by 14 opinions
1Opinion of the Court
ZARNOCH, Judge.
The central issue in this case is whether, in the absence of a controlling decision by the U.S. Supreme Court and in the face of divided federal precedent, a Maryland court is bound to apply a contractual choice-of-law clause that has the effect of interpreting federal law in a manner inconsistent with a decision of the Court of Appeals of Maryland. We conclude that it would be contrary to the fundamental policy of this State, as embodied in Article 2 of the Maryland Declaration of Rights 1 and in Pope v. State, 284 Md. 309, 396 A.2d 1054 (1979), for a Maryland court to apply a…
2Cases cited28 opinions
- Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
- Rodriguez De Quijas v. Shearson/American Express, Inc.Supreme Court of the United States · 1989
- Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
- Buckeye Check Cashing, Inc. v. CardegnaSupreme Court of the United States · 2006
23 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Rankin v. Brinton Woods of Frankford, LLCCourt of Special Appeals of Maryland · 2019
- Ameritox, Ltd. v. SavelichDistrict Court, D. Maryland · 2015
- Francis v. Allstate InsuranceDistrict Court, D. Maryland · 2012
- Orchin v. Great-West Life & Annuity Insurance CompanyDistrict Court, District of Columbia · 2015
- UBS Financial Services, Inc. v. PadussisDistrict Court, D. Maryland · 2015
9 more not listed; retrieve them via the Exa API.