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Supreme Court Tentatively Allows City Claims Against Banks for Discriminatory Lending to Proceed

Posted in Case Notes Commentary IMLA Briefs on May 11, 2017 By Lann McIntyre

The glass is more than half full after the Supreme Court’s ruling in Bank of America v. Miami , but not as full as local governments would like. The Supreme Court could have completely shut down local government lawsuits against banks for discriminatory lending practices—but it didn’t. The Supreme Court also could have made it easier for local governments to prove these cases—but it didn’t.

In Bank of America v. Miami , the Supreme Court held 5-3 that local governments have “standing” to bring Fair Housing Act (FHA) lawsuits against banks alleging discriminatory lending practices. But to win these claims local governments must show that their injuries were more than merely foreseeable. The State and Local Legal Center (SLLC) filed an amicus brief in this case on the side of the City of Miami. Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on September 7, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments:

Sixth Circuit

Scheick v. Tecumseh Pub. Sch., No. 13-1558 (Sept. 2, 2014): In case in which Scheick contends that the school district did not renew his contract in violation of the Age Discrimination in Employment Act, the court reversed summary judgment for the school district . The evidence was sufficient to create a genuine issue of fact.
Krause v. Jones, No. 13-2498 (Sept. 3, 2014): The court affirmed finding of qualified immunity for officers in excessive-force case.
F.H. v. Memphis City Schools, No. 13-6323 (Sept. 4, 2014): The court reversed dismissal of student’s 1983 and contractual claims arising out of alleged neglect and abuse; neither settlement agreement nor IDEA barred claims.

Eighth Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on March 31, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments:

First Circuit

Garayalde-Rijos v. Municipality of Carlinia, No. 13-1487 (Mar. 28, 2014) (finding that district court erred in dismissing firefighter’s suit for sex discrimination and retaliation under Title VII of the Civil Rights Act of 1994).

Fifth Circuit

Cooley v. Housing Authority of the City of Slidell, No. 13-30797 (Mar. 26, 2014) (affirming that Continue reading →

Supreme Court Housing-Discrimination Case Settles

Posted in Commentary on November 14, 2013 By Kira Klatchko

One of the significant Supreme Court cases affecting local governments this term has been resolved through settlement. The case is Mount Holly v. Mt. Holly Gardens Citizens in Action. It asked whether a plaintiff bringing a claim under the Fair Housing Act must show intentional discrimination, or whether a “disparate impact” is sufficient.

This marks the second time that the Supreme Court has granted certiorari on the question but then not been able to resolve it. Magner v. Gallagher was also settled last year.