A Fourth-Order Dispute? What Fourth-Order Dispute? A Comment on the Fourth Circuit’s Modern Perfection, LLC v. Bank of America

Authors

• Christopher Andrew Nunn II, Penn State Dickinson Law, University Park

First Paragraph

In modern society, parties are increasingly entering into more contracts with forum-selection and arbitration clauses than ever before. Likewise, two parties working together over time will likely exchange numerous agreements, and occasionally, those contracts will contain conflicting terms on key provisions– like how to resolve disputes. In Modern Perfection, LLC v. Bank of Am., the Fourth Circuit addressed a dispute centered on two distinct contracts: one contained an arbitration clause, and the other did not.

Recommended Citation

Christopher A. Nunn II, A Fourth-Order Dispute? What Fourth-Order Dispute? A Comment on the Fourth Circuit’s Modern Perfection, LLC v. Bank of America, 17 Arb. L. Rev. 122 (2026).