NCLC has joined an amicus brief in this case before the Ohio Supreme Court, which involves a class action seeking statutory damages under state law for mortgage servicing misconduct. On appeal, Quicken argues that Article III standing should be imported into Ohio law. The amicus brief focuses on the different sources of standing under Article III and Ohio law and argues that Ohio should not import Article III’s injury in fact requirement into state law because the Ohio constitution has no Article III analogue; doing so would blur the distinction between state and federal courts and disrupt principles of federalism; and doing so would interfere with the Ohio legislature’s authority, separation of powers, and the ability of Ohians to seek redress through the courts.
See all resources related to: Access to Justice, Consumer Protection Regulation, Homeownership & Foreclosure