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National Fair Housing Alliance Inc et al v. A.G. Spanos Construction Inc et al

Memorandum in Opposition re MOTION to Dismiss Notice of Motion and Motion of Highpointe Village to Dismiss Plaintiff's First Amended Complaint for Failure to State a Claim Upon Which Relief May be Granted; Memo of Ps and As

18 Cited authorities

  1. Havens Realty Corp. v. Coleman

    455 U.S. 363 (1982)   Cited 2,022 times   13 Legal Analyses
    Holding that an allegation in the complaint that the plaintiff organization "has had to devote significant resources to identify and counteract the defendant's" illegal practices was sufficient to confer standing to the organization in its own right at the pleading stage

  2. Gladstone, Realtors v. Village of Bellwood

    441 U.S. 91 (1979)   Cited 1,510 times   6 Legal Analyses
    Holding that a municipality suffered an injury from a reduction in its property tax base, even though nothing required the municipality to impose property taxes

  3. Trafficante v. Metropolitan Life Ins. Co.

    409 U.S. 205 (1972)   Cited 780 times   5 Legal Analyses
    Holding that plaintiffs not themselves the "direct objects of discrimination" have standing under the FHA

  4. Fair Hous. of Marin v. Combs

    285 F.3d 899 (9th Cir. 2002)   Cited 1,044 times
    Holding that an organizational plaintiff had standing because it "showed a drain on its resources" caused by combating housing violations

  5. Smith v. Pacific Properties and Dev. Corp.

    358 F.3d 1097 (9th Cir. 2004)   Cited 494 times
    Holding that under Rule 15 of the Federal Rules of Civil Procedure, leave to amend should be "freely given" unless amendment will result in undue prejudice to the opposing party or will be futile

  6. Alexander v. Riga

    208 F.3d 419 (3d Cir. 2000)   Cited 259 times   3 Legal Analyses
    Holding that the right to nominal damages for race discrimination claims can be waived if such damages are not timely requested

  7. Tolbert v. State of Ohio, Dept. of Transp

    172 F.3d 934 (6th Cir. 1999)   Cited 154 times
    Holding that "[p]assive inaction . . . does not support a continuing violation theory"

  8. Moseke v. Miller and Smith, Inc.

    202 F. Supp. 2d 492 (E.D. Va. 2002)   Cited 67 times
    Holding that continuing violation doctrine does not apply to Fair Housing Act claim for design and construction defect

  9. Equal Rights Ctr. v. Equity Residential

    483 F. Supp. 2d 482 (D. Md. 2007)   Cited 57 times
    Noting that, in determining whether severance is proper, courts may consider whether the issues to be severed are significantly different from one another, will require different witnesses or different documentary proof, and the prejudice to any party as to the decision of whether to sever

  10. Hargraves v. Capital City Mortgage

    140 F. Supp. 2d 7 (D.D.C. 2000)   Cited 55 times
    Holding that section 3604 applies to "predatory practices" in lending because those practices "can make housing unavailable by putting borrowers at risk of losing the property which secures their loans"

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,399 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,503 times   54 Legal Analyses
    Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

  13. Section 5 - Salaries of justices

    28 U.S.C. § 5   Cited 380 times
    Directing district courts to transfer cases "in the interest of justice"

  14. Section 12-L:3 to 12-L:5 - [Repealed]

    N.H. Rev. Stat. § 12-L:3 to 12-L:5   Cited 2 times

    RSA 12-L:3 to 12-L:5 Repealed by 2012, 173:8, eff. 3/31/2013.