Lula Williams v. Matt Martorello, No. 21-2116 (4th Cir. 2023)
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In a class-action proceeding related to a lending scheme allegedly designed to circumvent state usury laws, Defendant appealed from three district court rulings that (1) reconsidered prior factual findings based on a new finding that Defendant made misrepresentations that substantially impacted the litigation, (2) found that Plaintiffs—Virginia citizens who took out loans (the “Borrowers”)—did not waive their right to participate in a class-action suit against him, and (3) granted class certification. Defendant argued that the district court violated the mandate rule by making factual findings related to the misrepresentations that contradicted the Fourth Circuit’s holding in the prior appeal and then relying on those factual findings when granting class certification. He also contends that the Borrowers entered into enforceable loan agreements with lending entities in which they waived their right to bring class claims against him. In addition, he asserts that common issues do not predominate so as to permit class treatment in this case.
The Fourth Circuit affirmed. The court concluded that the district court did not violate the mandate rule and that the Borrowers did not waive the right to pursue the resolution of their dispute against him in a class-action proceeding. Finally, the court concluded that the district court did not abuse its discretion in granting class certification because common issues predominate.
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