Neither A Borrower Class Nor An Employee Class Be: Court Decertifies Mortgage Borrower Class In Light Of Wal-Mart v. Dukes

The U.S. District Court for the District of Massachusetts has joined a growing chorus of courts willing to apply the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), beyond the employment class action context. In Barrett v. Option One Mort. Corp., Case No. 08-10157, 2012 WL 4076465 (D. Mass. Sept. 18, 2012), Judge Zobel decertified a class of African-American borrowers who obtained home mortgage loans with pricing based in part on a discretionary fee component.

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