October 02, 2013
On August 16, 2013, United States Magistrate Judge Ronald Bush denied this motion, concluding that three of the named class representatives were inadequate, a class action was not superior to other methods for adjudicating this dispute (given the average claim of $2.6 million per putative class member), and class issues did not predominate over individual issues given the individualized inquiry that was necessary to establishing that defendants had caused plaintiffs any injury.
Plaintiffs filed objections to the Magistrate Judge’s Report and Recommendation, which were rejected by District Judge Edward J. Lodge. Judge Lodge agreed that three of the named plaintiffs could not adequately represent the class or the proposed subclass. He further agreed that substantial variations in homeowners’ relevant purchase agreements rendered the homeowners differently situated, and that significant individual issues existed as to whether Defendants’ purported actions had injured the Plaintiffs or the putative class. Accordingly, Judge Lodge adopted the Report and Recommendation and denied Plaintiffs’ motion for class certification.
The Weil team includes attorneys from our New York and Dallas offices, including New York partner David Lender and associates Kevin Meade and Jennifer Oliver, and Dallas associates John O’Connor and Olivia Miller. Associates David Sillers, Jason Wright, Sandra Fusco, and Matthew Leung also provided valuable support.