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Patrick Baehr, et ux. v. The Creig Northrop Team, P.C., et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-1024 · judgment March 13, 2020


Certiorari denied · October 5, 2020
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

I. Whether plaintiffs pursuing claims under the Real Estate Settlement Procedures Act (“RESPA”) must present evidence of an overcharge for services tainted by illegal kickbacks to establish concrete harm for Article III standing, despite that Congress identified kickbacks as an abusive practice that tends to increase prices and denies impartial and fair competition among settlement services providers for consumers. II. Whether plaintiffs pursuing RESPA claims can prove an overcharge to establish concrete harm for Article III standing by evidence of a fiduciary relationship with a party who received kickbacks, which establishes prohibited, undisclosed compensation and the denial of impartial advice and advocacy of a fiduciary.

Counsel of record

For petitioner
Gregory T. Lawrence
Lawrence Law, LLC

For respondent
Jay N. Varon
Foley & Lardner LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Sep 02 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Aug 26 2020
    Waiver of right of respondent The Creig Northrop Team, P.C., et al. to respond filed.
  4. Aug 10 2020
    Petition for a writ of certiorari filed. (Response due September 16, 2020)