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Fair Housing Act Permits Disparate Impact Liability
For nearly 50 years, the Fair Housing Act has been a weapon available to individuals, community groups and governmental entitles seeking to combat housing discrimination. Among the targets of Fair Housing Act litigation have been landlords, co-op and condominium boards, local governments, and publishers of allegedly discriminatory advertisements. Until this past term, however, the United States Supreme Court had not resolved a basic question about the statute's meaning: Does the statute require a showing of discriminatory intent or discriminatory treatment, or can a plaintiff prevail by establishing the discriminatory effect or disparate impact of the defendant's action, even without a showing of discriminatory treatment? In Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc, the Court, over the objection of four dissenting justices, held that proof of discriminatory intent or treatment was not essential to a Fair Housing Act claim.
The majority and dissenting opinions marshaled conflicting evidence to support their respective statutory construction arguments. There is not space in this article to rehash or evaluate those arguments. Instead, my focus is on the implications of the Inclusive Communities decision for future Fair Housing Act litigation.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.