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Supreme Court of the United States › Mortgage Lenders › Disparate Impact

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Orrick, Herrington & Sutcliffe LLP

Mortgage lender files writ of cert. with SCOTUS

Orrick, Herrington & Sutcliffe LLP on

On August 25, the U.S. Supreme Court received a writ of certiorari from a mortgage lender (the petitioner) challenging a decision by the U.S. Court of Appeals for the 2nd Circuit upholding a jury verdict finding the...more

Baker Donelson

Supreme Court Broadens Scope for Housing Discrimination Claims

Baker Donelson on

Beneficial intent will not shield lenders and other financial services companies from discrimination claims under the Fair Housing Act (FHA), according to a recent decision by the United States Supreme Court. Specifically,...more

Partridge Snow & Hahn LLP

Lending Industry Take Note: Federal Fair Housing Act Provides For Disparate-Impact Liability

Partridge Snow & Hahn LLP on

The status quo stands, to a degree. By a 5-4 vote, the United States Supreme Court has concluded that the federal Fair Housing Act (“FHA”) authorizes lawsuits not just for intentional discrimination, but for conduct taken...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

Foley & Lardner LLP

State AGs Take Sides as U.S. Supreme Court Hears Housing Discrimination Case

Foley & Lardner LLP on

On January 21, 2015, the U.S. Supreme Court will hear argument in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, on the question of whether disparate impact claims for discrimination are...more

Partridge Snow & Hahn LLP

U.S. Supreme Court Agrees to Resolve Whether the FHA Provides for Disparate Impact Liability.

Partridge Snow & Hahn LLP on

A major change to federal law governing mortgage lending may be on the horizon. On October 2, 2014, the United States Supreme Court agreed to decide whether the Fair Housing Act (“FHA”) not only imposes liability for...more

K&L Gates LLP

Mortgage Lenders File Brief with Supreme Court Arguing That Fair Housing Act Does Not Support Disparate-Impact Claims

K&L Gates LLP on

On November 24, 2014, K&L Gates filed a brief with the United States Supreme Court on behalf of the American Financial Services Association, the Consumer Mortgage Coalition, the Independent Community Bankers of America, and...more

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