No. 20-174

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

Lower Court: Fourth Circuit
Docketed: 2020-08-17
Status: Denied
Type: Paid
Response Waived
Tags: article-iii-standing civil-rights concrete-harm due-process fiduciary-relationship kickback kickbacks real-estate respa standing statutory-interpretation
Key Terms:
ERISA JusticiabilityDoctri
Latest Conference: 2020-09-29
Question Presented (AI Summary)

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"

Question Presented (OCR Extract)

QUESTIONS 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. Il. 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.

Docket Entries

2020-10-05
Petition DENIED.
2020-09-02
DISTRIBUTED for Conference of 9/29/2020.
2020-08-26
Waiver of right of respondent The Creig Northrop Team, P.C., et al. to respond filed.
2020-08-10
Petition for a writ of certiorari filed. (Response due September 16, 2020)

Attorneys

Patrick Baehr, et al.
Gregory T. LawrenceLawrence Law, LLC, Petitioner
The Creig Northrop Team, P.C., et al.
Jay N. VaronFoley & Lardner LLP, Respondent