§Why CasetextPricing

National Fair Housing Alliance, Inc. et al v. S.C. Bodner Company, Inc. et al

REPLY in Support of Motion re MOTION to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim

15 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,433 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Swanson v. Citibank

    614 F.3d 400 (7th Cir. 2010)   Cited 2,013 times   2 Legal Analyses
    Holding plaintiff stated a claim under § 3605

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

    358 F.3d 1097 (9th Cir. 2004)   Cited 495 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

  4. N.A.A.C.P. v. American Family Mut. Ins. Co.

    978 F.2d 287 (7th Cir. 1992)   Cited 338 times   4 Legal Analyses
    Holding that McCarran Act did not preempt application of Fair Housing Act against redlining by insurance companies where state law outlawed the practice but provided no private remedy

  5. U.S. v. Balistrieri

    981 F.2d 916 (7th Cir. 1992)   Cited 133 times
    Holding that a defendant need not actually know that he is violating the Fair Housing Act in order to be found to have discriminated

  6. Cent. Ala. Fair Hous. Center v. Lowder Realty

    236 F.3d 629 (11th Cir. 2001)   Cited 68 times
    Holding that "unless it concludes that a prima facie showing was made, an appellate court should neither reverse a trial court's action refusing to disallow challenged strikes, nor should it affirm a trial court's action disallowing strikes"

  7. Chicago v. Matchmaker Real Estate Sales Ctr.

    982 F.2d 1086 (7th Cir. 1992)   Cited 76 times
    Holding real estate brokerage firm liable for racial steering of its agents even though firm had explicitly instructed agents not to discriminate

  8. U.S. v. Gregory

    871 F.2d 1239 (4th Cir. 1989)   Cited 47 times
    Holding that the plaintiff successfully proved a Title VII violation where the defendant Sheriff admitted on four separate occasions "that he had a policy of discriminating against women when considering them for deputy positions"

  9. National Fair Housing Alliance v. A.G. Spanos Const., Inc.

    542 F. Supp. 2d 1054 (N.D. Cal. 2008)   Cited 13 times
    Holding that the reasoning of Havens was applicable to an alleged pattern or practice of construction-based violations of the FHA, in a multi-property case

  10. Harding v. Orlando Apartments, LLC

    Case No. 6:11-cv-85-Orl-19DAB (M.D. Fla. Apr. 15, 2011)   Cited 4 times

    Case No. 6:11-cv-85-Orl-19DAB. April 15, 2011 ORDER PATRICIA FAWSETT, District Judge This case comes before the Court on the following: 1. Motion to Dismiss First Amended Complaint by Defendant Behringer Harvard District Reit, LLC (Doc. No. 17, filed Mar. 11, 2011); and 2. Response to Defendant Behringer Harvard District Reit, LLC's Motion to Dismiss by Plaintiff J. R. Harding (Doc. No. 25, filed Apr. 7, 2011). Background I. Plaintiff's Allegations The facts presented in this Order are derived from

  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 347,669 times   925 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 3604 - Discrimination in the sale or rental of housing and other prohibited practices

    42 U.S.C. § 3604   Cited 4,096 times   64 Legal Analyses
    Requiring any "accommodation" in "rules, policies, practices, or services" to be "reasonable"

  13. Section 1982 - Property rights of citizens

    42 U.S.C. § 1982   Cited 2,611 times   13 Legal Analyses
    Providing for damages in cases of intentional racial employment discrimination