Njema v. Wells Fargo Bank, No. 16-1484 (8th Cir. 2017)
Annotate this CasePlaintiffs filed a class action against Wells Fargo, alleging claims related to Wells Fargo's practice of automatically ordering and charging fees for drive-by property inspections when customers fell behind on their mortgage payments. In this appeal, movant challenges the district court's orders denying his motion to join a trespass claim to the class action and approving the class action settlement. The court concluded that the district court properly denied movant's motion because the trespass claim does not share common questions of law or fact to the class. The court also concluded that, because two of the Van Horn factors weighed in favor of approving the settlement and two were neutral, the settlement agreement was fair and reasonable. Therefore, the district court did not abuse its discretion in reaching this conclusion. The court rejected movant's remaining claims and affirmed the judgment.
Court Description: Gruender, Author, with Smith and Shepherd, Circuit Judges] Civil case - Class actions. In class action alleging eight counts, including RICO violations, arising out of defendant's practice of automatically ordering and charging fees for drive-by inspections of properties when customers fell behind on their mortgage payment, the district court did not err in denying plaintiff's motion to join a trespass claim or in approving the class action settlement.
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