Deciding Disparate Impact Under FHA — Take 2

Law360, New York (June 28, 2012, 1:04 PM EDT) -- The U.S. Supreme Court lost its opportunity to decide this term whether disparate impact claims are available under the Fair Housing Act, but the question may be on the court’s docket next year now that a New Jersey township has filed a petition for certiorari.

The justices were poised to decide the issue this year in Magner v. Gallagher, but the case disappeared from the court’s docket just a few weeks before its scheduled oral argument on Feb. 29, 2012, when the city of Saint Paul...
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