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Real Property
Loan Agreement
Fair-lending

Cecil Barrett Jr. et al v. H&R Block Inc., et al.

Published: Jan. 5, 2013 | Result Date: Sep. 18, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 1:08-cv-10157 Bench Decision –  Class Decertified

Court

USDC Massachusetts


Attorneys

Plaintiff

Gary E. Klein

Kevin Costello

Wendy J. Harrison

Andrew S. Friedman
(Bonnett, Fairbourn, Friedman & Balint PC)

Charles M. Delbaum

Stuart T. Rossman

Shennan Kavanagh


Defendant

Randall W. Edwards
(O'Melveny & Myers LLP)

Elizabeth L. McKeen
(O'Melveny & Myers LLP)

Aaron M. Rofkahr


Facts

The plaintiffs filed a fair-lending class action suit against Sand Canyon Mortgage Corp., alleging violations of the Equal Credit Opportunity Act and the Fair Housing Act. The plaintiffs alleged that African American mortgage borrowers paid more for their loans than white borrowers. The plaintiffs argued that this disparate pricing resulted from the companies' delegation of discretion regarding loan pricing to unaffiliated mortgage brokers.

While the class was initially certified, the defendants later moved to decertify the class, arguing that the mere delegation of decision-making authority is not a uniform policy sufficient to establish commonality for the purposes of a class action suit.

Result

The Court decertified the class.


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