News & Analysis as of

Mount Holly v Mt. Holly Citizens in Action

Disparate Impact Remains Fair Lending Risk To Banks

by Polsinelli on

Lenders seeking judicial relief from the Consumer Financial Protection Bureau’s heightened enforcement of the Equal Credit Opportunity Act were left disappointed by the settlement of Mt. Holly v. Mt. Holly Gardens Citizens in...more

Update on disparate impact lawsuit against HUD

by Ballard Spahr LLP on

The settlement and Supreme Court’s dismissal of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. has increased the potential significance of the lawsuit filed in June 2013 in federal district court in Washington,...more

Mt. Holly Settled: Disparate Impact Questions Linger

by Davis Wright Tremaine LLP on

The Consumer Financial Protection Bureau (CFPB) and other agencies that apply disparate impact tests under the Equal Credit Opportunity Act (ECOA) appear to have dodged another bullet. The background, recent events, and...more

FIO Focus - November 2013, Issue 43

by Nelson Brown & Co. on

On November 19, 2013, the House Financial Services Subcommittee on Oversight and Investigations held a hearing entitled "A General Overview of Disparate Impact Theory." The hearing covered the use of disparate impact...more

Mount Holly settlement approved; dismissal of U.S. Supreme Court appeal to follow

by Ballard Spahr LLP on

As expected, the Mount Holly town council voted last night to approve the settlement in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. Coming just three weeks before the U.S. Supreme Court oral argument...more

Mount Holly town council vote on settlement expected tomorrow

by Ballard Spahr LLP on

We understand that the parties are expected to sign the settlement agreement in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. sometime today and/or tomorrow and the Mount Holly town council is expected...more

Mount Holly settlement update

by Ballard Spahr LLP on

Last night, the Mount Holly town council met to discuss the tentative settlement in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. We understand that due to issues concerning the language of the...more

Tentative settlement reportedly reached in Mount Holly

by Ballard Spahr LLP on

It is looking like our prediction that Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. would settle before the U.S. Supreme Court heard oral argument was accurate. Late yesterday, the Wall Street Journal...more

Mount Holly case draws numerous amicus briefs supporting Township’s position

by Ballard Spahr LLP on

Thirteen amicus briefs have been filed in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., the case pending in the U.S. Supreme Court in which the question presented is whether disparate impact claims...more

Township of Mount Holly: The United States Supreme Court Considers Whether the Fair Housing Act Recognizes Disparate-Impact...

by K&L Gates LLP on

On September 3, 2013, K&L Gates LLP filed a brief as amici curiae before the United States Supreme Court in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., a case in which the Court will consider...more

Township of Mount Holly files opening brief in Supreme Court

by Ballard Spahr LLP on

Despite the pending settlement discussions, the Township of Mount Holly has filed its opening brief in the U.S. Supreme Court. The question presented in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. is...more

HUD seeks stay of disparate impact suit

by Ballard Spahr LLP on

When we wrote about the lawsuit filed on June 26, 2013 against HUD by two insurance industry trade groups challenging HUD’s final rule formalizing its use of disparate impact liability under the Fair Housing Act (FHA), we...more

Parties in Mt. Holly case hire Supreme Court advocates

by Ballard Spahr LLP on

As we previously reported, settlement discussions are underway in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc....more

"Business Cases in the US Supreme Court"

The U.S. Supreme Court recently closed its 2012 term with its usual headline-grabbing flurry of June decisions. Several of those decisions, as well as many more that received less publicity, will affect business interests. In...more

Supreme Court Takes Up Landmark Disparate Impact Case, Again, Over U.S. Objections

by Morrison & Foerster LLP on

On June 17, 2013, the Supreme Court granted certiorari in Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., No. 11-1507, to decide whether disparate impact claims are cognizable under the Fair Housing Act (“FHA”). It...more

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