Class Cert. Denied In GMAC, US Bank Foreclosure Suit

Law360, New York (April 30, 2012, 6:17 PM EDT) -- A Massachusetts federal judge on Monday denied class certification to homeowners challenging foreclosures by GMAC Mortgage LLC, a U.S. Bank NA affiliate and others, finding the experiences of the proposed class members varied too widely under U.S. Supreme Court precedent from Wal-Mart v. Dukes.

Determining whether state law was violated would require "8,000 highly individualized and case-specific inquiries" based on each individual foreclosure, U.S. District Judge Richard G. Stearns said, meaning the commonality requirement for a class action suit isn't met.

The homeowners say the financial...
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