Cain v. Midland Funding, LLC

Clifford Cain, Jr. v. Midland Funding, LLC, No. 45, September Term, 2016, Opinion by Adkins, J. CONTRACTS — ARBITRATION CLAUSE — WAIVER: A debt buyer waived its right to arbitrate a debtor’s claims for unlawful debt collection practices when it brought a collection action against the debtor in court. When the debt buyer obtained a judgment against the debtor in district court, it acted inconsistently with an intent to enforce the arbitration clause, and therefore waived the right to arbitrate any “related claims” under Charles J. Frank, Inc. v. Associated Jewish Charities of Baltimore, Inc.,

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