Legal Opinion

O'Sullivan v. Countrywide Home Loans, Inc.

Court of Appeals for the Fifth Circuit

Decided February 7, 2003No. 01-21028, 01-51190PublishedCited by 1 opinion

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

In these consolidated appeals, each district court certified a class of plaintiffs who paid mortgage preparation fees to law firms selected by defendant Countrywide Home Loans, Inc. (“Countrywide”), a mortgage broker. Plaintiffs allege that Countrywide accepted kickbacks from the law firms in violation of the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2607(a)-(b), and violated the Texas Unauthorized Practice of Law (“UPL”) Statute, Tex. Gov’t Code §§ 83.001-83.006. Because we conclude that both district courts improperly certified the classes,…

2Cases cited17 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  4. United States v. Mead Corp.Supreme Court of the United States · 2001
  5. Dianne Castano v. The American Tobacco CompanyCourt of Appeals for the Fifth Circuit · 1996

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3Cited by1 opinion

  1. Theresa O'sullivan, for Herself and All Others Similarly Situated, Jon Maynard, for Himself and All Others Similarly Situated Heather Maynard v. Countrywide Home Loans, Inc., Sergio Ruiz v. Countrywide Home Loans, Inc. Peirson & Patterson, L.L.P.Court of Appeals for the Fifth Circuit · 2003

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