In an order issued February 11, 2010, the United States Court of Appeals for the Second Circuit affirmed the dismissal of a federal antitrust class action asserted by a class of New York title insurance purchasers against the Firm’s clients, Fidelity National Financial, Inc. and its title insurance operating companies, as well as several other title insurance companies. The case had been dismissed with prejudice by the District Court on June 17, 2009.
This case is the first filed in a series of cases that were commenced in 2008 against title insurance companies in twelve states. The complaints generally allege that title insurers illegally conspired to fix title rates through state authorized rating bureaus. Several of the complaints have been dismissed, including all of the antitrust damages claims. In the New York case, the Second Circuit held that all of the claims are barred by the filed rate doctrine.
The team representing the Fidelity companies in this matter include Barry R. Ostrager, Kevin J. Arquit, Scott M. Kobak, Patrick T. Shilling, Allyson B. Rothberg, Devin F. Ryan, Janelle L. Filson, Michelle Hertz, Eric J. Finkelstein, Isaac M. Rethy, Greg Szewczyk, and Hema V. Shenoi, with invaluable paralegal assistance from Steven Wilson and Charity Wright. Mr. Ostrager, Mr. Shilling, Ms. Rothberg, and Ms. Hertz worked on the Second Circuit appeal, and Mr. Ostrager argued the appeal on behalf of all defendants.