Dodging A Bullet: First American Financial V. Edwards

Law360, New York (July 12, 2012, 1:06 PM EDT) -- On the day the U.S. Supreme Court issued its seminal ObamaCare decision, it dodged what could have been the most significant consumer protection case in a generation. First American Financial Corporation v. Edwards questioned whether Congress could create standing under Article III, § 2 of the United States Constitution for someone who suffers no injury in fact. The court had previously granted a certiorari but later dismissed it as “improvidently granted.”

The respondent, Denise Edwards, a homebuyer, claimed her title insurance company, First American, violated the...
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