Joe Ann Hamilton v. First American Title In

423 F. App'x 425

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 27, 2011
• Docket: 10-10571
• Status: Unpublished

Opinion

PER CURIAM: *

This court recently affirmed the denial of class certification in a suit involving title insurance premium discounts allegedly due under Texas law. Benavides v. Chicago Title Insurance Co., 636 F.3d 699 (5th Cir.2011). Since the present case involves issues similar to those addressed in Bena-vides, we VACATE the district court’s class certification order and REMAND for reconsideration in light of Benavides.

Without expressing a view on the merits of this case, we also caution plaintiffs counsel to avoid unnecessarily extending this litigation if Benavides compels an end to it. See 28 U.S.C. § 1927.

VACATED and REMANDED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.