Option One

O’Melveny obtained decertification of a nationwide class comprising more than 129,000 mortgage borrowers asserting disparate-impact claims under the Fair Housing Act and the Equal Credit Opportunity Act. The class alleged that African American borrowers paid more for their mortgage loans on a nationwide basis than non-African American borrowers paid. After a nationwide class was certified, O’Melveny convinced the district court to revisit and reverse its decision. O’Melveny convinced the court that the aggregated statistics on which the certification order were based could not support certification under Wal-Mart v. Dukes and that, when analyzed consistently with Wal-Mart, the statistical analysis revealed a lack of uniformity that rendered certification improper.