First American Financial v. Edwards
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 10-708 | 9th Cir. | Nov 28, 2011 | 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, June 28, 2012)
- Argument recap: First American Financial Corp. v. Edwards (Christopher Wright, November 29, 2011)
- Argument preview: Standing to challenge kickbacks that do not directly affect price (Christopher Wright, November 18, 2011)
- Petition of the day (Conor McEvily, January 13, 2011)
Briefs and Documents
Merits Briefs for the Petitioners
- Brief for First American Financial Corporation et al.
- Reply brief for First American Financial Corporation et al.
Amicus Briefs in Support of the Petitioners
- Brief for ACA International Law
- Brief for the American Land Title Association
- Brief for the Association of Global Automakers, Inc., and the Alliance of Automobile Manufacturers
- Brief for the Consumer Data Industry Association for the Reversal of the Ninth Circuit’s Judgement
- Brief for DRI-the Voice of the Defense Bar and the Association of Southern California Defense Counsel
- Brief for Experian Information Solutions, Inc.
- Brief for Facebook, Inc. et al.
- Brief for the International Association of Defense Counsel
- Brief for the National Association of Home Builders and the California Building Industry Association
- Brief for the National Association of Retail Collection Attorneys
- Brief for the New England Legal Foundation et al.
- Brief for the Pacific Legal Foundation and the Center for Constitutional Jurisprudence
- Brief for the Real Estate Services Provider’s Council, Inc., (Respro)
- Brief for the Stewart Information Services Corporation et al.
Merits Briefs for the Respondent
Amicus Briefs in Support of the Respondent
- Brief for Birny Birnbaum, M.S., M.C.P. et al.
- Brief for Electronic Privacy Information Center (Epic)
- Brief for Reporter and Advisers to Restatement of Restitution and Unjust Enrichment
- Brief for AARP et al.
- Brief for Erick and Whitney Carter
- Brief for Lawyers’ Committee for Civil Rights Under Law et al.
- Brief for the National Association of Title Agents
- Brief for Public Law Professors
- Brief for Toyota Economic-Loss Plaintiffs
- Brief for Missouri et al.
- Brief for the United States
- Brief for trust law and ERISA law professors
Certiorari-stage documents
- Opinion below (9th Circuit)
- Petition for certiorari
- Brief in opposition
- Petitioners’ reply
- Amicus brief of Law Professors
- Amicus brief of American Land Title Association et al.
- Amicus brief of American Escrow Association et al.
