First American Financial Corp. v. Edwards (U.S. Supreme Court)

The Real Estate Settlement Procedures Act of 1974 forbids kickbacks in connection with any real estate settlement service that involves a federally supported or federally sponsored mortgage. The Ninth Circuit held that a purchaser of real estate settlement services may maintain an action under RESPA even if she cannot show that the technical violation of the statute alleged in any way affected the price, quality, or other characteristics of the services that she received. On behalf of the Association of Global Automakers and the Alliance of Automobile Manufacturers, we filed an amicus brief arguing that persons who are unaffected by a bare violation of a legal duty lack Article III standing to sue, and pointing out the deleterious effects of the contrary rule on class actions. The Supreme Court ultimately dismissed the writ of certiorari as improvidently granted.


Amicus Brief