Emma Benavides, et al v. Chicago Title Insurance Co., No. 10-10136 (5th Cir. 2011)
Annotate this CasePlaintiff sued defendant, Chicago Title Insurance Co., on behalf of a purported class for refusing to give her a title insurance premium discount mandated by Texas law. At issue was whether plaintiff had shown that questions common to the class predominated over questions only affecting individual members as required under Federal Rule of Civil Procedure 23(b)(3). The court held that class certification was properly denied where the only issues to be determined were related to individualized inquires as to whether particular persons qualified for the discounted insurance and if they were denied it.
This opinion or order relates to an opinion or order originally issued on March 23, 2011.
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