1 00:00:00,080 --> 00:00:03,000 Speaker 1: Now our daily Bloomberg Law Brief, exploring legal issues in 2 00:00:03,040 --> 00:00:06,680 Speaker 1: the news, brought to you by American Arbitration Association. Business 3 00:00:06,760 --> 00:00:10,920 Speaker 1: disputes are inevitable, resolve faster with the American Arbitration Association, 4 00:00:11,160 --> 00:00:15,080 Speaker 1: the global leader in alternative dispute resolution for over ninety years. 5 00:00:15,200 --> 00:00:19,120 Speaker 1: More at a d r dot org. Today, Bloomberg Law 6 00:00:19,120 --> 00:00:21,799 Speaker 1: hosting Grasso and Greg Store discuss the Supreme Court ruling 7 00:00:22,079 --> 00:00:24,800 Speaker 1: on whether the City of Miami could sue Wells Fargo 8 00:00:24,840 --> 00:00:28,880 Speaker 1: and Bank of America for allegedly discriminatory lending practices. They 9 00:00:28,920 --> 00:00:32,120 Speaker 1: speak to David Gans, director of the Human Rights, civil Rights, 10 00:00:32,120 --> 00:00:37,519 Speaker 1: and Citizenship program at the Constitutional Accountability Center, and Matthew Nelson, 11 00:00:37,600 --> 00:00:41,200 Speaker 1: the partner at the law firm Warner Norcross and Jutt. David, 12 00:00:41,320 --> 00:00:44,560 Speaker 1: your group is calling this ruling of victory. What did 13 00:00:44,600 --> 00:00:48,199 Speaker 1: you see in Justice Brier's opinion that you liked well? So, 14 00:00:48,280 --> 00:00:50,880 Speaker 1: I think this is an extremely important ruling that says 15 00:00:50,920 --> 00:00:55,840 Speaker 1: cities can sue told banks accountable for housing discrimination. The Court, 16 00:00:56,040 --> 00:00:58,720 Speaker 1: in line with what it has said in prior cases, 17 00:00:59,240 --> 00:01:02,400 Speaker 1: said under the Fair Housing Act, there's a very broad 18 00:01:02,600 --> 00:01:05,160 Speaker 1: group of people who can get into the courthouse door 19 00:01:05,200 --> 00:01:08,120 Speaker 1: to sue that includes both those who have been directly 20 00:01:08,160 --> 00:01:11,520 Speaker 1: injured as well as others like cities. And the court 21 00:01:12,280 --> 00:01:15,640 Speaker 1: rested it's it's holding on the fact that in I 22 00:01:15,680 --> 00:01:18,240 Speaker 1: think four past cases, the court had affirmed a very 23 00:01:18,280 --> 00:01:21,960 Speaker 1: broad view of who could sue under the Fair Housing Act, 24 00:01:22,080 --> 00:01:25,360 Speaker 1: and the Court said Congress had ratified that, and so 25 00:01:25,680 --> 00:01:27,920 Speaker 1: based on that reasoning, the city could sue. So this 26 00:01:28,000 --> 00:01:31,400 Speaker 1: is a kind of a very important affirmation that cities 27 00:01:31,760 --> 00:01:35,400 Speaker 1: play a crucial role in vindicating the promise of racial 28 00:01:35,400 --> 00:01:38,920 Speaker 1: equality that the Fair Housing Act protects. Matthew, it wasn't 29 00:01:38,920 --> 00:01:41,679 Speaker 1: a total win for cities, and it's going back to 30 00:01:41,920 --> 00:01:45,760 Speaker 1: the lower court. So how do you consider this ruling? Well, 31 00:01:45,800 --> 00:01:47,319 Speaker 1: I think that's the ruling is a win for the 32 00:01:47,319 --> 00:01:51,000 Speaker 1: civil justice system in that it reaffirms that liability only 33 00:01:51,040 --> 00:01:54,880 Speaker 1: attaches to the direct consequences of misconduct, which is the 34 00:01:54,920 --> 00:01:57,240 Speaker 1: principle that our legal system has held to for more 35 00:01:57,280 --> 00:02:00,760 Speaker 1: than a century. And the idea here is that the 36 00:02:00,800 --> 00:02:05,400 Speaker 1: alleged discriminatory lending here has to have directly caused injuries 37 00:02:05,440 --> 00:02:07,400 Speaker 1: to the City of Miami for the City of Miami 38 00:02:07,480 --> 00:02:10,800 Speaker 1: to recover damages. So although the court has said that 39 00:02:10,840 --> 00:02:14,280 Speaker 1: the city of Miami can maintain the lawsuit they've remanded 40 00:02:14,440 --> 00:02:17,040 Speaker 1: for the lower courses determine whether or not the City 41 00:02:17,040 --> 00:02:21,000 Speaker 1: of Miami's injuries are direct and here. If you imagine that, 42 00:02:21,080 --> 00:02:23,560 Speaker 1: for example, you have a neighbor who has allowed party 43 00:02:23,600 --> 00:02:26,320 Speaker 1: that keeps you up, resulting and you giving an ineffective 44 00:02:26,520 --> 00:02:29,480 Speaker 1: presentation to a client that results and lost business, that 45 00:02:29,560 --> 00:02:33,639 Speaker 1: results in decreased revenue for you and layoffs of your employees. 46 00:02:34,440 --> 00:02:36,519 Speaker 1: You see that at the end of that change, you 47 00:02:36,520 --> 00:02:38,280 Speaker 1: wouldn't want to be able to have someone say, I 48 00:02:38,280 --> 00:02:40,600 Speaker 1: consume my neighbor for the party that kept me up 49 00:02:41,080 --> 00:02:43,120 Speaker 1: and here too. That's the question now that the court 50 00:02:43,120 --> 00:02:45,280 Speaker 1: has to consider. Is the City of Miami too far 51 00:02:46,000 --> 00:02:50,280 Speaker 1: detached from the alleged discriminatory practices to be able to 52 00:02:50,320 --> 00:02:53,880 Speaker 1: actually recover damages. That's Matthew Nelson, a partner at Warner 53 00:02:53,919 --> 00:02:57,440 Speaker 1: Norcross and Judd, and David Gans, director of the Human Rights, 54 00:02:57,680 --> 00:03:01,800 Speaker 1: civil Rights, and Citizenship Program at the Constitutional Accountability Center, 55 00:03:01,919 --> 00:03:04,800 Speaker 1: speaking to Bloomberg Law hostun Gresso and Greg Store. You 56 00:03:04,800 --> 00:03:07,359 Speaker 1: can listen to Bloomberg Law weekdays at one pm Wall 57 00:03:07,400 --> 00:03:10,799 Speaker 1: Street Time here on Bloomberg Radio. And that's this morning's 58 00:03:10,800 --> 00:03:13,800 Speaker 1: Bloomberg lawbrate. You can find more legal news at Bloomberg 59 00:03:13,880 --> 00:03:17,320 Speaker 1: law dot com and Bloomberg BNA dot com. Attorneys will 60 00:03:17,360 --> 00:03:20,839 Speaker 1: find exceptional legal research and business development tools there as well. 61 00:03:21,320 --> 00:03:24,800 Speaker 1: Visit Bloomberg Law dot com and Bloomberg Bienna dot com 62 00:03:25,080 --> 00:03:26,399 Speaker 1: for more information