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Edwards v. The First American Corp.

(United States Ninth Circuit) – In a putative class action filed against a title insurer, alleging that transactions between the insurer and captive title agencies violated the Real Estate Settlement Procedures Act’s (REPSA), 12 U.S.C. section 2607, anti-kickback provisions, the district court’s denial of plaintiff’s motion to certify a class of home buyers referred to insurer by any of the180 title agencies that insurer partially owned, is: 1) affirmed in part; and 2) vacated in part where the court erred in holding that the safe harbor in 12 U.S.C. section 2607(c)(2) requires plaintiff to prove that First American overpaid for its ownership interests in each of the title agencies.

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