Busby v. JRHBW Realty, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a district court abused its discretion in determining individual actions were a superior adjudicative method where it was “highly unlikely” that plaintiffs would be subject to individualized defenses
• concluding that the district court abused its discretion when it applied the wrong legal standard when evaluating a claim under section 8(b) of the Real Estate Settlement Procedures Act, 12 U.S.C. §§ 2601-2617
• including awareness of the true facts by the party to be estopped as an element
• stating the two inquiries for adequate representation as conflict of interest and adequacy of representatives to prosecute action
• finding common issues predominated despite defendant’s claim that class included individuals that paid different amounts for different services
• finding Rule 23(b)(3) satisfied where class representative contended that defendant provided “no services” in exchange for its fee; whether defendant provided “any services” or “no services” was “a binary and predominant issue”

Source: CourtListener parenthetical corpus (CC0).