Michael R. Pennington

Michael R. Pennington

Bradley Arant Boult Cummings LLP

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Court Tosses HUD’s Disparate Impact Rule: Is Protection for Lenders from Disparate Impact Claims on the Horizon?

Since the 1970s, courts have routinely held that the Fair Housing Act, 42 U.S.C. §§ 3601 et seq., may remedy housing discrimination proven through use of the disparate impact theory. The doctrine of disparate impact permits a...more

11/10/2014 - Banks Discrimination Disparate Impact ECOA Fair Housing Act Financial Institutions HUD Obama Administration Popular SCOTUS

U.S. Supreme Court Upholds “Fraud-On-The-Market” Theory, Permits Defendants to Challenge Reliance Presumption at Class...

Earlier this week, in Halliburton Co. v. Erica P. John Fund, Inc., the United States Supreme Court upheld the “fraud-on-the-market” theory in federal securities fraud class actions, but ruled that at the class certification...more

6/26/2014 - Basic v Levinson Class Action Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund SCOTUS Securities Fraud

Supreme Court Makes Clear That CAFA Removal Is Not Defeated by Plaintiffs' Amount-in-Controversy Stipulations

A unanimous United States Supreme Court has now ruled that self-appointed would-be class representatives cannot defeat Class Action Fairness Act (CAFA) removal by simply purporting to limit the damage claims of class members...more

3/21/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction SCOTUS

Dismissal of Putative Class Action Lawsuit for Alleged Violations of the Servicemembers' Civil Relief Act

In a putative class action handled by Robert Maddox, Mike Pennington, and Keith Anderson, the Northern District of Alabama recently dismissed a lawsuit for alleged violations of the Servicemembers’ Civil Relief Act (“SCRA”)....more

12/12/2012 - Credit Reports FCRA Interest Rates Loans Military Service Members Mortgages SCRA

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