MIMS v. STEWART TITLE GUAR. CO.

No. 09-10127.

590 F.3d 298 (2009)

John MIMS, individually and on behalf of all others similarly situated; Lucy Mims, individually and on behalf of all others similarly situated; and Helen Cotton Ragland, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. STEWART TITLE GUARANTY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 9, 2009.


Attorney(s) appearing for the Case

Eric G. Calhoun (argued), Travis & Calhoun, P.C., Dallas, TX, Katherine B. Bornstein, Edward W. Ciolko, Peter A. Muhic, Barroway, Topaz, Kessler, Meltzer & Check, L.L.P., Radnor, PA, for Plaintiffs-Appellees.

John A. Koepke, Scott M. McElhaney, Jackson Walker, L.L.P., Dallas, TX, Jeffrey E. Crane, Kevin Michael Fee, Gerard D. Kelly (argued), Sidley Austin, L.L.P., Aaron Seth Mandel, Loevy & Loevy, Chicago, IL, for Defendant-Appellant.

Keith R. Verges, Figari & Davenport, L.L.P., Dallas, TX, for Lawyers Title Ins. Corp.

Robert J. Fogarty, Hahn, Loeser & Parks, Cleveland, OH, Karin Britt Torgerson, Locke, Lord, Bissell & Liddell, L.L.P., Dallas, TX, for Chicago Title Ins. Co.

Before KING, DAVIS and BENAVIDES, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Defendant Stewart Title Guaranty ("Stewart") appeals the district court's order certifying a class in this case alleging violations of the Real Estate Settlement Procedure Act ("RESPA") and related state law claims. Based on our conclusion that individual factual issues predominate the RESPA claim, we reverse the district court's order certifying a class on that claim. Although we see no legal impediment to the certification of a class...

NEVER MISS A DECISION. START YOUR SUBSCRIPTION.

Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.

GET STARTED


OR

Read it with your Leagle account.
Sign in to continue


Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases