by Deepak Gupta Perhaps betting that the third time's a charm, the Supreme Court this morning once again granted a petition over whether disparate-impact claims — based on seemingly neutral practices with discriminatory effects — are cognizable under the Fair Housing Act. The case, Texas Deparatment of Housing and Community Affairs v. The Inclusive Communities […]
Category Archives: U.S. Supreme Court
Brian posted earlier about the Supreme Court's POM Wonderful decision but I thought readers of the blog might also be interested in the views of my co-author, Dee Pridgen: POM Wonderful, the makers of pomegranate juice dietary supplement products, scored a big victory in the U S Supreme Court today The Court ruled 7-0 (with Justice […]
Co-blogger Paul Bland, the new Executive Director of Public Justice, was recently interviewed by Media Matters. In an engaging interview in his office Paul discusses his singular career as a champion for consumer rights, the importance of class actions as a means of challenging corporate wrondoing, and the pro-corporate bent of the Roberts Court. It's a […]
As Gerard Magliocca noted in October, he and I are the only commentators who’ve taken the position that the courts ought to defer to the Senate’s view of its own recess in NLRB v. Noel Canning. Given that, I was pleased that the notion of deferring to the Senate received so much attention at oral argument yesterday. I […]
by Deepak Gupta In a much-anticipated decision, the Fifth Circuit held today that the National Labor Relations Board overstepped its authority when it ruled that an employer violated federal labor law by requiring its employees to sign an arbitration agreement containing a class-action ban. Judge Leslie Southwick, joined by Judge King, isssued the opinion for the court. Here's […]
For those in New Haven: I'll be giving a talk about plaintiff-side appellate advocacy at noon tomorrow (Thursday) at Yale Law School. Among other things, I'll discuss the advocacy imbalance facing consumers, workers, and other plaintiffs in the appellate courts and touch on the fate of class actions in the Roberts Court. Hope to see you there. […]
by Deepak Gupta Jeff and Brian have already posted on the news of a final settlement in Mount Holly. Although we've known all along that a settlement was likely, this is still big news. Let's put this in perspective: For the second time in just two years, an eleventh-hour settlement before oral argument has denied the […]
So reports Carter Dougherty of Bloomberg. No link available yet. The case, which the Supreme Court would have heard arguments in next month, presented the issue of whether the disparate impact test can be used in FHA cases .
by Deepak Gupta We've blogged before about Mount Holly–the Supreme Court case about the future of disparate impact in housing and lending discrimination. (My firm represents current and former Members of Congress in the case). All along, it's seemed possible that Mount Holly would settle before the December oral arguments. This morning, that's looking even […]
by Deepak Gupta On April 4, 1968, Dr. Martin Luther King Jr. was assassinated as he stood on the balcony of the Lorraine Motel in Memphis. His killing sparked a fresh round of riots in cities nationwide. Nearly two dozen representatives immediately changed positions and urged passage of the Fair Housing Act. Within a week, with […]