The Problem With The DOJ's Case Against GFI Mortgage

Law360, New York (April 10, 2012, 1:25 PM EDT) -- In its latest fair lending lawsuit, the U.S. Department of Justice appears to be dodging an important legal question that the U.S. Supreme Court was poised to answer this term, but never did due to the dismissal of the case by the parties.

The question is whether disparate impact claims are allowed under the Fair Housing Act or the Equal Credit Opportunity Act. The remarkable thing about the complaint in United States v. GFI Mortgage Bankers Inc., filed in the Southern District of New York, is...
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