FOR PUBLICATION
UNITED STATES COURT OF APPEALSFOR THE NINTH CIRCUIT
D
ENISE
P. E
DWARDS
, individuallyand on behalf of all othersNos. 08-56536similarly situated,08-56538
Plaintiff-Appellant,
D.C. No.v.
CV-07-03796-SJO-T
HE
F
IRST
A
MERICAN
C
ORPORATION
;FFMF
IRST
A
MERICAN
T
ITLE
I
NSURANCE
OPINIONC
OMPANY
,
Defendants-Appellees.
Appeals from the United States District Courtfor the Central District of CaliforniaJames Otero, District Judge, PresidingArgued and SubmittedFebruary 4, 2010—Pasadena, CaliforniaFiled June 21, 2010Before: Betty B. Fletcher, Harry Pregerson, andSusan P. Graber, Circuit Judges.Opinion by Judge Graber
9089
COUNSEL
Cyril V. Smith, Zuckerman Spaeder LLP, Baltimore, Mary-land, and James W. Spertus, Law Offices of James Spertus,Los Angeles, California, for the plaintiff-appellant.Richard M. Zuckerman, New York, New York, and CharlesA. Newman, St. Louis, Missouri, for the defendants-appellees.Gregory W. Happ, Medina, Ohio, and Mary Dryovage, LawOffices of Mary Dryovage, San Francisco, California, foramicus curiae.
9091E
DWARDS
v. F
IRST
A
MERICAN
C
ORPORATION
OPINION
GRABER, Circuit Judge:Plaintiff Denise P. Edwards filed a complaint againstDefendants The First American Corporation (“First Ameri-can”) and its wholly owned subsidiary, First American TitleInsurance Company (“First American Title”) (collectively,“Defendants”). The complaint alleged a violation of the RealEstate Settlement Procedures Act of 1974 (“RESPA”), 12U.S.C. § 2607. According to Plaintiff, First American improp-erly paid millions of dollars to individual title companies andin exchange those title companies entered into exclusive refer-ral agreements with First American. Plaintiff moved for classcertification, and certain discovery, which the district courtdenied. Plaintiff’s appeal from those rulings is addressed sep-arately in a memorandum disposition filed this date. At thesame time as Plaintiff filed her motions, Defendants moved todismiss the complaint for lack of standing. The district courtdenied the motion, and Defendants brought this appeal. Wehave jurisdiction pursuant to 28 U.S.C. § 1292(b).
See also
28U.S.C. § 1292(e); Fed. R. Civ. P. 23(f). For the reasons thatfollow, we affirm.First American is a publicly traded holding company thatowns, in addition to First American Title, several other com-panies in the field of real estate-related information services.First American Title is a title insurance underwriter that issuestitle insurance policies to real estate owners and lenders in 47states and the District of Columbia. Defendants assert thatFirst American has an ownership interest in a small propor-tion of the thousands of title insurance agencies that areauthorized to sell First American Title policies. Plaintiff con-tends that, in exchange for First American’s purchase of aminority interest, many of these title agencies enter into “ex-clusive” agency agreements with First American Title, pursu-ant to which the agencies agreed to sell First American Title’stitle insurance policies generally. Defendants assert that few
9092E
DWARDS
v. F
IRST
A
MERICAN
C
ORPORATION
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Edwards v First American Appeal Case - RESPA
RESPA appeal case.
RESPA: Plaintiff alleged that First American violated RESPA by purchasing a minority interest in title agencies and entering into an exclusive agency agreement with them. The court held that plaintiff had standing to… (More)
RESPA: Plaintiff alleged that First American violated RESPA by purchasing a minority interest in title agencies and entering into an exclusive agency agreement with them. The court held that plaintiff had standing to… (More)
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