Mims v. Stewart Title Guar. Co., No. 09-10127 - Property Law - U.S. Fifth Circuit
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Mims v. Stewart Title Guar. Co., No. 09-10127

In defendant's appeal from the district court's order certifying a class in an action alleging violations of the Real Estate Settlement Procedure Act (RESPA), the order is reversed where the applicable Department of Housing and Urban Development liability standard required an inquiry into the reasonableness of the payments for goods and services at issue, and because that inquiry must be performed on a transaction-by-transaction basis, the plaintiffs did not meet the predominance requirement for class certification.

Read Mims v. Stewart Title Guar. Co., No. 09-10127

Appellate Information

Filed December 9, 2009

Judges

Opinion by Judge Davis