If you’ll drop Magner v. Gallagher, your case against us before the Supreme Court, we’ll drop this other big case we’ve filed against you, the Department of Justice told the city of St. Paul, Minnesota. And thus the government averted an embarrassing high court opinion reining in some of its most avant-garde lending-discrimination theories [American Banker, Kevin Funnell/Bank Lawyer’s Blog, WSJ, Hans Bader, Ted Frank]
Posts Tagged ‘fair housing’
July 20 roundup
- Congress, HUD face off on “disparate impact” in housing and housing finance [WSJ edit, Clegg/NRO] Wells Fargo says it didn’t base loans on race but will pay $175 million to end federal probe [Reuters]
- Maryland vs. Virginia: if only there were a government that was consistent about favoring liberty [John Walters, Maryland Public Policy Institute]
- British Columbia Human Rights Tribunal levies $3000 against husband-and-wife owners of bed-and-breakfast who canceled reservation of gay couple based on religious objections [Religion Clause, The Province] UK: “‘Gay flatmate wanted’ ads break equality laws” [Telegraph] See our earlier coverage of the Ninth Circuit Roommate.com case here and here.
- “Lifeguard fired for saving drowning person — outside his designated zone.” [NBC Miami via @commongood]
- “Do you want to be informed about the constant, infuriating corporate welfare for professional sports owners? Follow FieldOfSchemes.com” [Matt Welch]
- Negligent entrustment lawsuit against parents who let 33 year old daughter drive car yields $1.2 million in Tennessee [Knoxville News]
- Pretrial and discovery: “New York state bar recommends federal litigation reforms” [Reuters]
DoJ: Wells Fargo biased in maintenance of foreclosed properties
Kevin Funnell at Bank Lawyers Blog is a bit cynical about the Department of Justice’s headline-ready threats of enforcement action:
[The DOJ claims] appear to be based upon consumer advocates’ claims that the bank takes better care of foreclosed-upon real estate it owns in neighborhoods where white people live than it does in areas where minorities live. I suspect that the bank will assert that (a) any rational real estate owner is only going to invest money in a piece of real estate where the owner has a realistic chance of recouping that investment through a higher sales price, (b) that such recoupment decisions are made on a property-by-property basis based upon objective data like recent comparable sales prices and fair market valuations, (c) that the economic reality-driven facts of life are that many more such properties are located in majority-white neighborhoods than in minority neighborhoods, and (d) there has been no intent to discriminate, merely to minimize losses…. As we’ve previously noted, the DOJ is on a jihad against lenders based upon “disparate impact” theories that the DOJ knows, in its heart-of-hearts, are highly fragile when exposed to the light of logic, the kind of logic applied by the US Supreme Court. Justice will likely pursue Wells Fargo and try to squeeze some dough out of it before the highest court eventually shuts down this racket.
April 23 roundup
- Fearful of adverse Supreme Court ruling, Department of Justice said to have exercised pressure on city of St. Paul to buckle in housing-disparate-impact case [Kevin Funnell]
- Justice Janice Rogers Brown: we can dream, can’t we? [Weigel] The Brown/Sentelle opinion everyone’s talking about, questioning rational basis review of economic regulation [Hettinga v. U.S., milk regulations; Fisher, Kerr]
- Claim: “The Bachelor” TV franchise discriminates on basis of race [Jon Hyman]
- Chicago sold off municipal parking garages. Good. It also promised to disallow proposals for private parking nearby. Not good [Urbanophile]
- Bad day in court for Zimmerman prosecution [Tom Maguire, more, Merritt]
- “I want some systematic contacts wherever your long arm can reach” — hot-‘n’-heavy CivPro music video satire [ConcurOp, language]
- Federal judge dismisses charge against man who advocated jury nullification outside courthouse [Lynch, Sullum, earlier]
April 18 roundup
- “MPAA: you can infringe copyright just by embedding a video” [Timothy Lee, Ars Technica]
- NYC: fee for court-appointed fire department race-bias monitor is rather steep [Reuters]
- Larry Schonbron on VW class action [Washington Times] Watch out, world: “U.S. class action lawyers look abroad” [Reuters] Deborah LaFetra, “Non-injury class actions don’t belong in federal court” [PLF]
- Will animal rights groups have to pay hefty legal bill after losing Ringling Bros. suit? [BLT]
- You shouldn’t need a lobbyist to build a house [Mead, Yglesias]
- “Astorino and Westchester Win Against Obama’s HUD” [Brennan, NRO] My two cents [City Journal] Why not abolish HUD? [Kaus]
- “Community organized breaking and entering,” Chicago style [Kevin Funnell; earlier, NYC]
“Hands off people’s choice of roommates”
The Ninth Circuit properly vindicates the constitutional principle of freedom of association in a clash with housing discrimination law. [Rigel Oliveri, Washington Post]
February 22 roundup
- Florida courts allow probe of finances of MDs who treat many injury plaintiffs [Dolman Law Group; Crable v. State Farm]
- Booster clubs: “Does Title IX Reach Voluntary Donations?” [Joshua Thompson, PLF, earlier here, here]
- Freedom to Discriminate in Choice of Roommates: 9th Circuit case of Fair Housing Council v. Roommate.com [Eugene Volokh; related from David Bernstein h/t commenter wfjag]
- PI firm employee “disliked sending clients to [chiropractors] because insurers were more reluctant to settle those claims” [ABA Journal]
- “Bill introduced to de-criminalize the Lacey Act” [Paul Enzinna, PoL; earlier on Gibson Guitar and wood imports here, here] More: Reason.tv on the raids [Balko]
- “Australia: A Cautionary Tale of Litigation Financing?” [WSJ Law Blog]
- Constitutional law book review: Jay Wexler, “The Odd Clauses” [Greenfield, Lowering the Bar]
Feds sue housing co-op for not allowing “comfort dog”
In 2005 Jack and Sandra Biegel purchased a unit in Long Island’s Woodbury Gardens, which had a no-pet policy. The next year they acquired a miniature schnauzer to assist with Sandra’s multiple ailments, which included depression and strained breathing. She died the next year. Now the federal government is taking Jack’s side against the co-op in its effort to enforce its rules. [NY Daily News]
“The court that broke Jersey”
Steve Malanga on New Jersey’s perennially activist Supreme Court [City Journal]. We’ve periodically discussed the court’s lamentable jurisprudence in its Abbott (school finance redistribution) and Mount Laurel (towns given quotas to build low-income housing) decisions. The court has also nullified constitutional limitations on borrowing by the state.
Dogs in the dorms
The Justice Department has sued the University of Nebraska-Kearney and its regents and employees for allegedly “denying reasonable accommodation requests by students with psychological or emotional disabilities seeking to live with emotional assistance animals in university housing.” [Disability Law]
More/update: Inside Higher Ed.