RESPONDENT: Denise P. Edwards
LOCATION: U.S. District Court for the Central District of California
DOCKET NO.: 10-708
DECIDED BY: Roberts Court (2010-2016)
LOWER COURT: United States Court of Appeals for the Ninth Circuit
CITATION: 567 US (2012)
GRANTED: Jun 20, 2011
ARGUED: Nov 28, 2011
DECIDED: Jun 28, 2012
Aaron M. Panner - for the petitioners
Anthony A. Yang - Assistant to the Solicitor General, Department of Justice, for the United States, as amicus curiae, supporting the respondent
Jeffrey A. Lamken - for the respondent
Facts of the case
Ohio resident Denise Edwards bought title insurance from First American Financial Corp. through a referral from Tower City, the title company that conducted the closing on her home purchase. Edwards later filed a lawsuit against First American Title Insurance Co. and its parent, the First American Corp., under the Real Estate Settlement Procedures Act (RESPA), alleging that First American improperly paid millions of dollars to individual title companies and in exchange those title companies entered into exclusive referral agreements with First American. Edwards also filed a class action complaint. The district court denied Edwards' motions to certify a nationwide class of customers of First American's captive title agents and a class limited to customers of First American's Tower City subsidiary.
The U.S. Court of Appeals for the Ninth Circuit reversed the denials of class certification, holding that the district court had abused its discretion in denying certification of a nationwide class without allowing discovery and had abused its discretion in denying certification of the Tower City class.
Does Edwards have standing to sue?
Media for First American Financial Corp. v. EdwardsAudio Transcription for Oral Argument - November 28, 2011 in First American Financial Corp. v. Edwards
Audio Transcription for Opinion Announcement - June 28, 2012 in First American Financial Corp. v. Edwards
John G. Roberts, Jr.:
In Case 10-708, First American Financial Corporation versus Edwards.
The petition for writ of certiorari is dismissed as improvidently granted.