News & Analysis as of

Race Discrimination Supreme Court of the United States Fair Housing Act (FHA)

Morrison & Foerster LLP

HUD to Reconsider Disparate Impact Rule

The U.S. Department of Housing and Urban Development (HUD) announced that it will “shortly” seek public comment on whether its controversial disparate impact rule is consistent with the Supreme Court’s Inclusive Communities...more

Baker Donelson

Living with the Robust Causality Requirement for Disparate Impact Under the Fair Housing Act

Baker Donelson on

Two recent decisions from the Ninth Circuit Court of Appeals shine some light on the issue related to the United States Supreme Court's 2015 decision that under the Fair Housing Act recognized a right to seek disparate impact...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court 2016-17 Recap

The politics surrounding the appointment of a new justice to the U.S. Supreme Court dominated the news cycle during the 2016-17 term, but the Court’s decisions themselves have been far from controversial. As the term draws to...more

Nutter McClennen & Fish LLP

Nutter Bank Report, May 2017

Supreme Court Rules That Cities Can Sue Lenders Under the Fair Housing Act - The U.S. Supreme Court has issued a decision that reaffirms the standing of municipalities to sue lenders, including banks, for certain...more

Best Best & Krieger LLP

Cities Can Sue Banks for Predatory Lending, U.S. Supreme Court Says

While the nationwide economy has steadily improved since the recession, many cities are still clawing their way back to financial stability. California, in particular, was hit hard by the foreclosure crisis, leaving cities in...more

Best Best & Krieger LLP

U.S. Supreme Court Sides with Cities, Allowing Lawsuits Against Banks for Fair Housing Act Violations - Bank of America v. City of...

The U.S. Supreme Court has given the City of Miami the go-ahead to sue banks under the Fair Housing Act for alleged racially discriminatory lending practices that resulted in increased foreclosures and fiscal harm to the...more

Ballard Spahr LLP

Supreme Court Rules that Cities Can Sue Banks for Predatory/Discriminatory Lending

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The U.S. Supreme Court has ruled, by a 5-3 majority, that the city of Miami was authorized to bring lawsuits based on allegations that banks engaged in financial-crisis-era discriminatory lending. The city alleged that the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Bank of America Corp. v. Miami

On May 1, 2017, the Supreme Court of the United States decided Bank of America Corp. v. City of Miami, No. 15-1111, holding (1) that a city qualifies as an “aggrieved person” able to bring suit under the Fair Housing Act, but...more

Dorsey & Whitney LLP

The Supreme Court - May 01, 2017

Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in two cases today: Bolivarian Republic of Venezuela v. Helmerich & Payne Int’l Drilling Co., No. 15-423: Respondent companies brought suit in federal court against...more

Ballard Spahr LLP

Massachusetts High Court Examines Disparate Impact Theory in Light of Recent Supreme Court Decision

Ballard Spahr LLP on

A ruling last week by Massachusetts' highest state court demonstrates courts' vigorous examination of disparate impact housing claims in light of recent judicial guidance, as well as the type of proactive measures property...more

Ballard Spahr LLP

Industry Trade Groups Renew Challenge to HUD Disparate Impact Rule

Ballard Spahr LLP on

Two industry trade associations whose members sell homeowners insurance have been granted leave to file an amended complaint in their lawsuit challenging the Fair Housing Act (FHA) disparate impact rule (Rule) adopted by the...more

Dorsey & Whitney LLP

Update on the U.S. Supreme Court’s Inclusive Communities Decision

Dorsey & Whitney LLP on

As previously reported on this blog, the U.S. Supreme Court’s decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015) adopted a burden-shifting approach to...more

Alston & Bird

Class Action Round-Up: Summer 2015

Alston & Bird on

The big news this quarter is the U.S. Supreme Court’s acceptance of Tyson Foods, Inc. v. Bouaphakeo, an employment case likely to have major ramifications across the whole spectrum of class action litigation. The Court is set...more

Pullman & Comley, LLC

Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 3 of 3)

Pullman & Comley, LLC on

This is the final article of a three-part series about two recent decisions by federal courts in Connecticut and California: Viens v. America Empire Surplus Lines Ins. Co., No. 3:14cv952 (D. Conn. June 23, 2015), and Jones v....more

Pullman & Comley, LLC

Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 2 of 3)

Pullman & Comley, LLC on

This is the second article of a three-part series about two recent decisions by federal courts in Connecticut and California: Viens v. America Empire Surplus Lines Ins. Co., No. 3:14cv952 (D. Conn. June 23, 2015), and Jones...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Affirms FHA Disparate Impact Claims

Late last month, the Supreme Court handed down a significant decision affecting rights and obligations under the Fair Housing Act. The Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive...more

Ballard Spahr LLP

Auto Finance Company Agrees to Change Dealer Compensation Policy to Settle CFPB and DOJ Fair Lending Claims

Ballard Spahr LLP on

To resolve charges by the Consumer Federal Protection Bureau (CFPB) and the Department of Justice (DOJ) that it engaged in unlawful discrimination in violation of the Equal Credit Opportunity Act (ECOA), American Honda...more

Dorsey & Whitney LLP

The U.S. Supreme Court’s Decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc.

Dorsey & Whitney LLP on

In Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. ___, 2015 WL 2473449 (Jun. 25, 2015), the U.S. Supreme Court, in a 5-4 decision, held that disparate impact discrimination...more

Burr & Forman

U.S. Supreme Court Finds Disparate Impact Claims Cognizable Under FHA

Burr & Forman on

This case arose from a dispute regarding where housing for low-income persons should be constructed in Dallas, Texas—that is, whether low-income housing projects that received government tax credits should be built in the...more

Carlton Fields

U.S. Supreme Court Decides Fair Housing Act Allows Disparate-Impact Claims

Carlton Fields on

On June 25th, the U.S. Supreme Court issued its opinion in Texas Department of Housing and Community Affairs, et al. v. Inclusive Communities Project, Inc., et al., holding that disparate-impact claims are cognizable under...more

Williams Mullen

Supreme Court Upholds Disparate Impact: What are the Practical Consequences for Mortgage Lenders?

Williams Mullen on

The Supreme Court has held that disparate impact claims are valid under the federal Fair Housing Act (the “FHA”). In essence, this means that liability under the FHA can be proven by showing discriminatory effects of...more

Seyfarth Shaw LLP

Fair Housing Disparate Impact Claims Survive SCOTUS Challenge

Seyfarth Shaw LLP on

The U.S. Supreme Court has decided, 5 - 4, that the Fair Housing Act (FHA) permits the use of a major antidiscrimination tool, the legal theory of disparate impact. Texas Department of Housing and Community Affairs v. The...more

K&L Gates LLP

The Supreme Court Recognizes but Limits Disparate Impact in its Fair Housing Act Decision

K&L Gates LLP on

On June 25, 2015, the Supreme Court, by a 5-4 margin, upheld the application of disparate impact under the Fair Housing Act (“FHA”) in Texas Department of Housing & Community Affairs v. The Inclusive Communities Project, Inc....more

Fisher Phillips

Housing Discrimination Claims Given Boost By Supreme Court

Fisher Phillips on

Today, by a 5-4 vote, the U.S. Supreme Court held that the federal Fair Housing Act (FHA) encompasses claims of disparate-impact discrimination. This decision, which marks the first time that the Supreme Court addressed this...more

Holland & Knight LLP

Fair Housing Act Prohibits Policies and Practices Causing a Disparate Impact - Housing Policies and Practices Must Be "Necessary...

Holland & Knight LLP on

On June 25, 2015, the U.S. Supreme Court held that individuals and groups can challenge housing policies or practices that have a disproportionate adverse effect on protected classes (i.e., a disparate impact) – even if there...more

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