News & Events

In an opinion issued on July 3, 2012, the United States Court of Appeals for the Second Circuit affirmed the dismissal of a putative class action against the Firm’s clients, Fidelity National Financial, Inc. and its title insurance operating companies, as well as several other title insurance companies.  The complaint alleged that the defendants violated the Real Estate Settlement Procedures Act of 1974 (“RESPA”) by paying alleged kickbacks to title agents and other third parties in connection with the sale of title insurance and the plaintiffs sought to represent a nationwide class of title insurance purchasers.  Simpson Thacher took the lead in the briefing in both the District Court and the Second Circuit and Barry R. Ostrager argued the appeal on behalf of all defendants.

This case is one of a series of cases that were commenced in 2008 against title insurance companies in twelve states.  All of the claims have been dismissed or withdrawn and several of the dismissals have been affirmed on appeal.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.