9th Circuit Vacates Ruling Denying RESPA Plaintiffs’ Motion For Relief

Mealey's (November 19, 2019, 10:38 AM EST) -- ANCHORAGE, Alaska — A Ninth Circuit U.S. Court of Appeals panel on Nov. 15 overturned a federal judge in California’s ruling denying motions for relief from judgment under Federal Rule of Civil Procedure 60(b) filed by leaders of a proposed class claiming that a lender violated the Real Estate Settlement Procedures Act (RESPA), holding that the judge did not properly interpret the U.S. Supreme Court’s ruling in Microsoft Corp. v. Baker, 137 S. Ct. 1702 (2017), when denying the motion (Melissa Henson, et al. v. Fidelity National Financial Inc., No. 18-56071, 9th Cir., 2019 U.S. App. LEXIS 34093)....