Arthur CHASSEN; Deborah Meredith; Joel Oster; Dennis Scrimer; Glen J. Dalakian; Jack Hoffman; Deborah Hoffman; Kathleen Cooper; Richard Murphy, individually and on behalf of others similarly situated; Ami Feller, Appellants
v.
FIDELITY NATIONAL FINANCIAL, INC., a Delaware Corporation; Fidelity National Title Insurance Company, a California Corporation; Chicago Title Insurance Company, a Missouri Corporation; The First American Corporation, a California Corporation; First American Title Insurance Company, a California Corporation; Landamerica Financial Group, Inc., a Virginia Corporation; Transnation Title Insurance Company, a Nebraska Corporation; Lawyers Title Insurance Corporation, a Nebraska Corporation; Stewart Information Services Corporation, a Delaware Corporation; Stewart Title Guaranty Company, a Texas Corporation; Old Republic International Corporation, a Delaware Corporation; Old Republic Title Insurance Group, Inc., a Delaware Corporation; Old Republic National Title Insurance Company, a Minnesota Corporation; Weichert Title Agency.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
"A waived claim or defense is one that a party has knowingly and intelligently relinquished." Wood v. Milyard, ___ U.S. ___, 132 S.Ct. 1826, 1832 n.4, 182 L.Ed.2d 733 (2012). How, then, can a party waive a right "in a situation in which no right existed[?]" Ackerberg...
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