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NOOHI v. TOLL BROS., INC.

No. 12-1261.

708 F.3d 599 (2013)

Mehdi NOOHI, individually and on behalf of all others similarly situated; Soheyla Bolouri, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. TOLL BROS., INC., for itself and all others similarly situated; Toll Land Corp. No. 43, for itself and all others similarly situated; Toll MD V Limited Partnership, for itself and all others similarly situated, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: February 26, 2013.

Attorney(s) appearing for the Case

ARGUED: Quincy Montgomery Crawford, III , DLA Piper U.S. LLP, Baltimore, Maryland, for Appellants. Tillman Finley , Marino Law PLLC, Washington, D.C., for Appellees. ON BRIEF: James D. Mathias , DLA Piper U.S. LLP, Baltimore, Maryland, for Appellants. Daniel Marino , Marino Law PLLC, Washington, D.C., for Appellees.

Affirmed by published opinion. Judge DAVIS wrote the opinion, in which Judge KING and Judge SHEDD joined.

OPINION

DAVIS, Circuit Judge:

In this putative class action, prospective luxury home buyers allege that a real estate development company unlawfully refused to return deposits when the prospective buyers could not obtain mortgage financing. The named Plaintiffs-Appellees are Mehdi Noohi and Soheyla Bolouri ("Plaintiffs"), a husband and wife; Defendants-Appellants are Toll Bros., Inc., a real estate development company, and several of its subsidiaries (collectively...

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