Howland v. First American Title Ins. Co.

Dist. Ct. did not err in denying plaintiffs' request for class certification in action alleging that defendant-title insurance company's payments to its attorneys/title agents for purpose of conducting title examination and determining whether title is insurable were actually forms of kickbacks/fee splitting that were unlawful under RESPA. Plaintiffs' lawsuit alleged that said attorneys/title agents received unreasonably high compensation for services actually performed, and resolution of said allegations would require individual assessments concerning amount of work performed on each assignment so as to preclude class action treatment.