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