Preview:

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 0537 September Term, 2008

BARRINGTON D. HENRY v. GATEWAY, INC., et al.

Meredith, Zarnoch, Wenner, William W. (Retired, Specially Assigned), JJ.

Opinion by Zarnoch, J.

Filed: August 31, 2009

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 Rights1 and in Pope v. State, 284 Md. 309 (1979), for a Maryland court to apply a choice-of-law provision that conflicts with an interpretation of federal law by the State's highest court. For this reason and others set forth below, we must reverse the decision of the Circuit Court for St. Mary's County in this case and remand for further proceedings. This question arises in litigation of humble origin. Dissatisfied with the Gateway computer he purchased at Best Buy, appellant Barrington D. Henry, pro se, filed suit in December 2007 in the circuit court. Naming appellees Gateway, Inc. and Best Buy Co., Inc. as defendants, Henry's four-count pro se complaint asserted three state law claims: 1) breach of express warranty; 2) breach of implied warranty; 3) violation of the Maryland Consumer

1

Article 2 provides: The Constitution of the United States, and the Laws made, or which shall be made, in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are, and shall be the Supreme Law of the State; and the Judges of this State, and all the People of this State, are, and shall be bound thereby; anything in the constitution or Law of this State to the contrary notwithstanding.

It mirrors the Supremacy Clause of the U.S. Constitution, Article VI, cl. 2.

Protection law, Md. Code (1975, 2005 Repl. Vol.), Commercial Law Article,

Download Henry v. Gateway.pdf

Maryland Law