United States Eleventh Circuit

In class action against mortgage lender under the Real Estate Settlement Procedures Act, summary judgment for defendant and decertification of the class are affirmed over claims that the district court erred in granting summary judgment as: 1) the "law-of-the-case" doctrine obligates the appeals court to adhere to its prior rulings in this case, despite an intervening statement of policy by the Department of Housing and Urban Development, the administrative agency charged with enforcing RESPA; and 2) even applying HUD's test for liability, defendant's yield spread premium payments were illegal under RESPA.

Appellate Information

• Decided 07/02/2007
• Published 07/02/2007

Judges

• BIRCH, Circuit Judge:, Before BIRCH and BLACK, Circuit Judges, and PRESNELL, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Richard Scott Gordon, Quinn, Gordon & Wolf, Chtd., Towson, MD, Tammy McClendon Stokes, David R. Donaldson, Donaldson, Guin & Slate, L.L.C., Birmingham, AL, for Plaintiffs-Appellants.


• For Appellees:
  
• Mark G. Schroeder, Robert J. Pratte, Briggs & Morgan, P.A., Minneapolis, MN, Sarah Y. Larson, Maynard, Cooper & Gale, P.C., Birmingham, AL, for Defendant-Appellee.