United States Third Circuit
Chassen v. Fidelity National Financial Inc., 15-3789
In a putative class action brought by real estate purchasers and refinancers who were overcharged between $70 and $350 in fees stemming from the recording of their deeds and mortgage instruments, the District Court's order compelling bipolar arbitration of certain claims is remanded with instructions that the District Court compel bipolar arbitration of all plaintiffs' arbitrable claims where: 1) futility can excuse the delayed invocation of the right to compel arbitration; and 2) any attempt to compel bipolar -- that is, individual -- arbitration in this case prior to the Supreme Court's decision in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), would have been futile.
- Published 2016/09/08
- United States Third Circuit