Legal Opinion

Gardner v. First American Title Insurance

Court of Appeals for the Eighth Circuit

Decided June 21, 2002No. 01-2071PublishedCited by 34 opinions

1Opinion of the Court

LOKEN, Circuit Judge.

The Real Estate Settlement Procedures Act (RE SPA) prohibits awarding fees or kickbacks for the referral of “a real estate settlement service involving a federally related mortgage loan.” 12 U.S.C. § 2607(a). Persons violating this prohibition are “liable to the person or persons charged for the settlement service ... in an amount equal to three times the amount of any charge paid for such settlement service.” § 2607(d)(2). In this putative class action, named plaintiffs Mark Gardner and Danielle Baker allege that defendants violated RESPA by having sham limited…

2Cases cited6 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  4. Hammes v. AAMCO Transmissions, Inc.Court of Appeals for the Seventh Circuit · 1994
  5. Floyd T. Stanturf v. Donald SipesCourt of Appeals for the Eighth Circuit · 1964

1 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Miccosukee Tribe of Indians v. Kraus-Anderson Construction Co.Court of Appeals for the Eleventh Circuit · 2010
  2. Gardner v. First American Title InsurancrDistrict Court, D. Minnesota · 2003
  3. Mark Gardner v. First American Title Insurance CompanyCourt of Appeals for the First Circuit · 2002
  4. Carlson v. WigginsDistrict Court, S.D. Iowa · 2011
  5. Alvarado v. Sandersfeld--SEE 74 ORDER WHEN FINAL JUDGMENT IS ENTEREDDistrict Court, N.D. Iowa · 2023

29 more not listed; retrieve them via the Exa API.

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