|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|10-1042||5th Cir.||Feb 21, 2012||May 24, 2012||9-0||Scalia||OT 2011|
Disclosure: Goldstein & Russell, P.C. serves as counsel to the petitioners in this case.
Holding: To establish a violation of 12 U.S.C. § 2607(b) – which provides that “[n]o person shall give and no person shall accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service . . . other than for services actually performed” – a plaintiff must demonstrate that a charge for settlement services was divided between two or more persons.
Plain English Summary: Unearned fees – fees for which lenders provide no services – violate federal law only if the fees are split between two companies. This may seem strange, but the Court said that the law Congress passed was only about fee splitting. To control the level of fees that a single bank charges, Congress would have to be more specific.
Judgment: Affirmed, 9-0, in an opinion by Justice Scalia on May 24, 2012.
Merits Briefs for the Petitioners
Amicus Briefs in Support of Petitioners
Merits Briefs for the Respondent
Amicus Briefs in Support of the Respondent
Released today: annual financial disclosures for eight of the nine justices. Key takeaways: substantial book-royalty income for Sotomayor and Gorsuch; reduced travel reimbursements across the board during the pandemic.
Full story from @AHoweBlogger:
Less travel, plenty of royalties for justices in 2020 - SCOTUSblog
The effects of the COVID-19 pandemic were reflected in an unusual source: the justices’ 2020 financial disclosur...
Opinions next week — Monday and Thursday at 10:00 a.m. ET.
With 21 opinions to go, #SCOTUS enters the home stretch: Opinions expected on Monday and Thursday again next week, at 10 am Eastern both days. Court will also issue orders from today's conference at 9:30 am on Monday, June 14.
NEW: SCOTUS rules against federal government's interpretation of the Armed Career Criminal Act. Court says a felony involving recklessness does not satisfy the law's "use of physical force" element and thus does not trigger the law's "violent felony" mandatory minimum sentence.
It's a @SCOTUSblog kind of morning
R.I.P. Judge Robert Katzmann of the U.S. Court of Appeals for the 2nd Circuit. His influence on SCOTUS and American law was enormous.
The Supreme Court will release opinion(s?) at 10:00 a.m. ET. We’ll fire up the live blog at 9:45.
There are 22 outstanding opinions in argued cases including the Affordable Care Act, LGBTQ+ / religious liberty, voting rights, and student speech. https://www.scotusblog.com/2021/06/announcement-of-opinions-for-thursday-june-10/