November 18, 2019 / 12:52 PM / a month ago

9th Circuit orders judge to revive RESPA suit caught in ‘Catch 22’

A federal appeals court on Friday allowed two plaintiffs to resume their Real Estate Settlement Practices Act lawsuit against “big 4” title insurer Fidelity National Financial Inc, even though they voluntarily dismissed the case in 2014.

The 9th U.S. Circuit Court of Appeals ordered a federal judge in Los Angeles to set aside the dismissal on equitable grounds due to an intervening change in law: the U.S. Supreme Court’s 2017 decision in Microsoft v. Baker, which resolved a split in the circuits over the use of “stipulated dismissals with prejudice” to allow an immediate appeal from the denial of class certification.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2XqAZRZ

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