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Expert Analysis

'Disparate Impact' Finally Gets Its Due

Law360, New York (October 7, 2014, 10:55 AM EDT) -- A definitive U.S. Supreme Court ruling concerning the viability of the disparate impact theory under the Fair Housing Act has proven elusive. In recent years, the court granted certiorari in two cases squarely presenting this issue, namely Magner v. Gallagher, 132 S. Ct. 548 (2011) and Township of Mount Holly, N.J. v. Mt. Holly Gardens Citizens in Action Inc., 133 S. Ct. 2824 (2013). However, both cases settled prior to oral argument. On Oct. 2, 2014, the court granted certiorari to resolve this question in a case arising out of the Fifth Circuit, with perhaps far-reaching consequences for the existing fair-lending regulatory framework....

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