The U.S. Supreme Court declined to hear a case on January 12 concerning a decision from the 2nd U.S. Circuit Court of Appeals. The case involved interpretations of the Fair Housing Act.
The Supreme Court denied certiorari in a petition challenging the 2nd Circuit Court of Appeals’ ruling. The petition centered on disagreements regarding equitable tolling, disparate impact, and causation within Fair Housing Act claims.
The petition asserted that the 2nd Circuit deviated from other federal circuits by employing a “fairness-based” approach to equitable tolling in mortgage discrimination cases. This approach, according to the petition, did not necessitate plaintiffs demonstrating diligence.
The petition also contended that the 2nd Circuit’s interpretation allowed disparate impact claims to proceed based on lending practices exhibiting an “adverse or disproportionate” effect on a specific racial group. It further argued that the court did not require proof of a disproportionate effect compared to other groups.
The petition claimed the 2nd Circuit treated the “robust causality” requirement established in a prior case as non-binding.
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