MODERN PERFECTION, LLC v. BANK OF AMERICA, N.A.

No. 23-1965.

126 F.4th 235 (2025)

MODERN PERFECTION, LLC; Fruitful Bear, LLC; Gravity Video, Inc.; Beaute Nest, LLC; Pizzazz! LLC; Eric Snipes Inc., individually and as representatives of a class of similarly situated persons, Plaintiffs-Appellants, and Buztubr, Inc., Plaintiff, v. BANK OF AMERICA, N.A., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 13, 2025.


Attorney(s) appearing for the Case

ARGUED: Nathan C. Zipperian, MILLER SHAH LLP, Fort Lauderdale, Florida, for Appellants. Jesse Smallwood, WILLIAMS & CONNOLLY LLP, Washington, D.C., for Appellee. ON BRIEF: Kelly L. Tucker, Laina M. Herbert, GRANT & EISENHOFER P.A., Wilmington, Delaware; James C. Shah, Natalie Finkelman Bennett, Philadelphia, Pennsylvania, for Appellants. Craig Singer, Enu Mainigi, WILLIAMS & CONNOLLY LLP, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge Heytens wrote the opinion, which Judge Harris and Judge Berner joined.


Six small businesses each made two contracts with Bank of America. One contract had an arbitration provision; the other did not. When disputes arose, the businesses sued the bank in federal court and the bank moved to compel arbitration. The district court declined to decide whether the disputes fell within the scope...

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