ANGELITA BAILEY, On Her Own Behalf and on Behalf of All Others Similarly Situated v. Mercury Financial, LLC

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-2133
ANGELITA BAILEY, On Her Own Behalf and on Behalf of All Others Similarly
Situated,
Plaintiff – Appellee,
v.
MERCURY FINANCIAL, LLC,
Defendant – Appellant.
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PUBLIC JUSTICE,
Amicus Supporting Appellee.
Appeal from the United States District Court for the District of Maryland, at Greenbelt.
Deborah K. Chasanow, Senior District Judge. (8:23−cv−00827−DKC)
Submitted: November 6, 2024 Decided: March 11, 2025
Before WILKINSON, NIEMEYER, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion. Judge Niemeyer wrote a dissenting opinion.

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ON BRIEF: Matthew A. Fitzgerald, Bryan A. Fratkin, Katherine E. Lehnen,
MCGUIREWOODS LLP, Richmond, Virginia, for Appellant. Richard S. Gordon,
Benjamin H. Carney, GORDON, WOLF & CARNEY, CHTD., Hunt Valley, Maryland,
for Appellee. Leah M. Nicholls, PUBLIC JUSTICE, Washington, D.C., for Amicus
Curiae.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
In this appeal, Mercury Financial challenges the district court’s denial of its motion
to compel arbitration. The district court held that an arbitration clause contained within a
credit card contract did not bind the parties because it was illusory. Mercury contends that
the arbitrator, not the court, should have decided the issue of contract formation and that
the district court erred in holding the arbitration agreement illusory under Maryland law.
We considered and rejected these same arguments in Johnson v. Continental Finance Co.,
No. 23-2047 (4th Cir. 2025). For the reasons stated in that case, we affirm the district
court’s judgment.
AFFIRMED

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NIEMEYER, Circuit Judge, dissenting:
I respectfully dissent for the reasons I gave in my separate opinion in Johnson v.
Continental Finance Co., No. 23-2047 (4th Cir. 2025).

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