First American Financial v. Edwards

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
10-708	9th Cir.	Nov 28, 2011 Tr.Aud.	Jun 28, 2012	TBD	Per Curiam	OT 2011

Issue: Whether a private purchaser of real estate settlement services has standing to sue under Article III, § 2 of the United States Constitution.

Plain English Issue: Whether lawsuits under the Real Estate Settlement Procedures Act, which allows homebuyers to sue banks and title companies when they pay kickbacks for the closing of a mortgage loan, are constitutional if the kickback does not affect the price or quality of the services provided?

Judgment: Dismissed as improvidently granted in a per curiam opinion on June 28, 2012.

SCOTUSblog Coverage

First American Financial v. Edwards: Surprising end to a potentially important case (Kevin Russell)
Argument recap: First American Financial Corp. v. Edwards (Christopher Wright)
Argument preview: Standing to challenge kickbacks that do not directly affect price (Christopher Wright)
Petition of the day (Conor McEvily)

Briefs and Documents

Merits Briefs for the Petitioners

Amicus Briefs in Support of the Petitioners

Merits Briefs for the Respondent

Brief for Denise P. Edwards

Amicus Briefs in Support of the Respondent

Certiorari-stage documents

Opinion below (9th Circuit)

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First American Financial v. Edwards

SCOTUSblog Coverage

Briefs and Documents

Certiorari-stage documents

Featured Posts

Challengers urge justices to dismiss census case after district court ruling – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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Recent Decisions

Current Relists

Conference of January 18, 2019

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Jan. 2019

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award