9th Cir. Reinstates RESPA Case, Says Trial Court Erred in Barring Evidence of Standing

SAN FRANCISCO — The 9th Circuit U.S. Court of Appeals has reinstated an action accusing a mortgage insurer and a reinsurer of entering fraudulent captive reinsurance arrangements that violated the Real Estate Settlement Procedures Act, ruling the trial court abused its discretion by refusing to allow the plaintiffs to submit evidence regarding Article III standing.

In a Feb. 24 memorandum, the appellate panel said the U.S. District Court for the Eastern District of California should have granted plaintiffs’ motion to modify a final pretrial order, which would have allowed them to present evidence of economic injury in light of the …