Legal Opinion
Mims v. Stewart Title Guaranty Co.
Court of Appeals for the Fifth Circuit
Decided December 9, 2009No. 09-10127PublishedCited by 39 opinions
1Opinion of the Court
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 on the state law claims, given our reversal of the federal class certification, we remand to allow the district court to…
2Cases cited13 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Kohen v. Pacific Investment Management Co.Court of Appeals for the Seventh Circuit · 2009
- Washington v. CSC Credit Services Inc.Court of Appeals for the Fifth Circuit · 2000
- Regents of the University of California v. Credit Suisse First Boston (USA), Inc.Court of Appeals for the Fifth Circuit · 2007
- Stirman v. Exxon CorporationCourt of Appeals for the Fifth Circuit · 2002
8 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Neale v. Volvo Cars of North America, LLCCourt of Appeals for the Third Circuit · 2015
- In Re: Deepwater HorizonCourt of Appeals for the Fifth Circuit · 2014
- AstraZeneca AB v. United Food & Commercial Workers UnionsCourt of Appeals for the First Circuit · 2015
- Charles Trois v. Apple Tree Auction Center, Inc, eCourt of Appeals for the Fifth Circuit · 2018
- In Re Rail Freight Fuel Surcharge Antitrust LitigationCourt of Appeals for the D.C. Circuit · 2013
34 more not listed; retrieve them via the Exa API.