Supreme Court Brief Filed on Behalf of Mortgage Lenders

By: Paul F. Hancock, Andrew C. Glass, Melanie Hibbs Brody, Melissa S. Malpass, Gregory N. Blase   

On December 29, 2011, K&L Gates filed a brief as amici curiae before the United States Supreme Court in Magner v. Gallagher, a case in which the Court will consider whether the disparate impact theory of discrimination is cognizable under the Fair Housing Act or whether plaintiffs must instead prove intentional discrimination. The brief was filed on behalf of the Independent Community Bankers of America, the Consumer Mortgage Coalition, and the American Financial Services Association, and contends that proof of discriminatory intent is required to establish a violation of the Act.  A copy of the brief is available here.  The Court has scheduled oral argument in the matter for February 29, 2012.

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