News & Events

In two opinions issued on June 14, 2012, the United States Court of Appeals for the Third Circuit affirmed the dismissals of two federal antitrust class actions asserted by a class of Delaware title insurance purchasers and a class of New Jersey title insurance purchasers.  The claims were asserted against the Firm’s clients, Fidelity National Financial, Inc. and its title insurance operating companies, as well as several other title insurance companies.  Retired Supreme Court Justice Sandra Day O’Connor sat on the Third Circuit panel by designation.  Barry R. Ostrager argued the Delaware appeal on behalf of all defendants.

These cases are part of a series of cases that were commenced in 2008 against title insurance companies in twelve states.  The complaints generally alleged that title insurers illegally conspired to fix title rates through state authorized rating bureaus.  All of the claims have been dismissed or withdrawn and several of the dismissals have been affirmed on appeal.

The Simpson Thacher team representing the Fidelity companies in these matters includes Barry R. Ostrager, Kevin J. Arquit, Scott M. Kobak, Patrick T. Shilling, Allyson B. Rothberg, Devin F. Ryan and Michelle Hertz.