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Mims v. Stewart Title Guaranty Co.

Appellant appeals the district court's order certifying a class in this case alleging violations of the Real Estate Settlement Procedure Act and related state law claims. Based on the court's conclusion that individual factual issues predominate the RESPA claim, the court reversed the district court's order certifying a class on that claim. Although the court saw no legal impediment to the certification of a class on the state law claims, given the reversal of the federal class certification, the case was remanded to allow the district court to consider whether to exercise its discretion to retain pendent jurisdiction over those claims. 5th U.S. Circuit Court of Appeals, No. 09-10127, 12-09-2009

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Published opinion

Before KING, DAVIS and BENAVIDES, Circuit Judges.

Defendant Stewart Title Guaranty (“Stewart”) appeals the district court’s order certifying a class in this case alleging violations of the Real Estate Settlement Procedure Act (“RESPA”) and related state law claims. Based on our conclusion that individual factual issues predominate the RESPA claim, we reverse the district court’s order certifying a class on that claim. Although we see no legal impediment to the certification of a class on the state law claims, given our reversal of the federal class certification, we remand to allow the district court to consider whether to exercise its discretion to retain pendent jurisdiction over those claims.

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