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Bank of America Corp. v. Town of Miami: Oral Argument – November 08, 2016





Info:
The town of Miami sued Bank of America Corporation and similar defendants less than the Federal Housing Act (FHA) and argued that the financial institutions engaged in predatory lending techniques that focused minorities for greater-risk financial loans, which resulted in large charges of default and triggered economical harm to the town. Miami also alleged that the financial institutions unjustly enriched by themselves by having advantage of benefits conferred by the town, that their actions denied the town of predicted home and tax revenues, and price the town money that it would not have experienced to pay experienced the financial institutions not engaged in these predatory lending techniques. The district court docket dismissed the FHA promises and held that Miami did not tumble inside the “zone of interests” the statute was meant to secure, and hence did not have standing to sue less than the FHA. The district court docket also held that Miami experienced not sufficiently demonstrated that the banks’ conduct was the proximate bring about of the harm the town claimed to have experienced. The U.S. Court of Appeals for the Eleventh Circuit reversed and held that, as extensive as the plaintiffs in an FHA case would have standing to sue less than Write-up III of the Constitution, they can sue less than the FHA the statutory standing need is not a lot more slender than Write-up III. The appellate court docket also determined that Miami experienced sufficiently demonstrated that the banks’ actions have been the proximate bring about of the harm since the harm was reasonably foreseeable as a consequence of the actions.

Dilemma:
Does the language in the Truthful Housing Act that restrictions standing to sue to “aggrieved man or woman[s]” necessarily mean that Congress meant to impose a a lot more slender standing need than that in Write-up III of the Constitution?
Does the proximate bring about regular in the Truthful Housing Act demand that the plaintiffs exhibit a lot more than the chance that the defendants could have foreseen the harm that transpired by means of a chain of implications?

For a lot more info about this case see:

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1 comment

  1. how in the fuck did I come across this. College is awesome.

    Reply

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