NJ Settlement Saves Feds' Disparate Impact Use — For Now

Law360, New York (November 14, 2013, 8:11 PM EST) -- The Wednesday settlement of a New Jersey housing discrimination dispute before the U.S. Supreme Court could rule gave a temporary reprieve to regulators' and private plaintiffs' ability to bring lending bias cases based on discriminatory impact rather than intent.

The case had the potential to put a lid on the use of the disparate impact theory in fair lending cases by both regulators and private plaintiffs. The settlement gave a reprieve to those who back the theory's use in the lending context, but the high court...
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