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ALIG v. QUICKEN LOANS INC.

No. 19-1059.

990 F.3d 782 (2021)

Phillip ALIG; Sara J. Alig; Roxanne Shea; Daniel V. Shea, Individually and on Behalf of a Class of Persons, Plaintiffs-Appellees, v. QUICKEN LOANS INC.; Amrock Inc., f/k/a Title Source, Inc., d/b/a Title Source Inc. of West Virginia, Incorporated, Defendants-Appellants, and Dewey V. Guida; Appraisals Unlimited, Inc.; Richard Hyett, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: March 10, 2021.

Attorney(s) appearing for the Case

ARGUED: Theodore J. Boutrous, Jr. , GIBSON, DUNN & CRUTCHER, LLP, Los Angeles, California, for Appellants. Deepak Gupta , GUPTA WESSLER PLLC, Washington, D.C., for Appellees. ON BRIEF: Helgi C. Walker , GIBSON, DUNN & CRUTCHER LLP, Washington, D.C.; William M. Jay , Thomas M. Hefferon , Brooks R. Brown , Keith Levenberg , Washington, D.C., Edwina B. Clarke , GOODWIN PROCTER LLP, Boston, Massachusetts, for Appellants. John W. Barrett , Jonathan R. Marshall , Charleston, West Virginia, Patricia M. Kipnis , BAILEY & GLASSER LLP, Cherry Hill, New Jersey; Gregory A. Beck , GUPTA WESSLER PLLC, Washington, D.C.; Jason E. Causey , James G. Bordas, Jr. , BORDAS & BORDAS, PLLC, Wheeling, West Virginia, for Appellees.

Affirmed in part and vacated and remanded in part by published opinion. Judge Wynn wrote the majority opinion, in which Judge Floyd joined. Judge Niemeyer wrote a dissenting opinion.

Plaintiffs are a class of "[a]ll West Virginia citizens who refinanced" a total of 2,769 mortgages with Defendant Quicken Loans Inc. from 2004 to 2009, "for whom Quicken [Loans] obtained appraisals" from Defendant Amrock Inc., an appraisal management company formerly known as Title Source, Inc. ("TSI").1

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