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Wells Fargo & Co. v. City of Miami

Consolidated with Bank of America Corp. v. City of Miami (15-1111)
Docket No.15-1112
Op. Below11th Cir.
ArgumentNov 8, 2016
Vote5-3

Holding

(1) The city of Miami is an "aggrieved person" authorized to bring suit under the Fair Housing Act; and (2) the U.S. Court of Appeals for the 11th Circuit erred in concluding that the city's complaints, charging that the banks engaged in discriminatory conduct that led to a disproportionate number of foreclosures and vacancies in majority-minority neighborhoods, which diminished the city's property-tax revenue and increased the demand for police, fire, and other municipal services, met the FHA's proximate-cause requirement based solely on the finding that the city's alleged financial injuries were foreseeable results of the banks' misconduct; proximate cause under the FHA requires "some direct relation between the injury asserted and the injurious conduct alleged"; the lower courts should define, in the first instance, the contours of proximate cause under the FHA and decide how that standard applies to the city's claims for lost property-tax revenue and increased municipal expenses.

Judgment

Vacated and remanded, 5-3, in an opinion by Stephen G. Breyer on May 1, 2017. Justice Thomas filed an opinion concurring in part and dissenting in part, in which Justices Kennedy and Alito joined. Justice Gorsuch took no part in the consideration or decision of the cases.

Proceedings & orders timeline

Jan 21, 2016
Application (15A766) to extend the time to file a petition for a writ of certiorari from February 3, 2016 to March 4, 2016, submitted to Justice Thomas.
Jan 25, 2016
Application (15A766) granted by Justice Thomas extending the time to file until March 4, 2016.
Mar 4, 2016
Petition for a writ of certiorari filed. (Response due April 4, 2016)
Apr 4, 2016
Brief amici curiae of American Bankers Association, et al. filed. VIDED.
Apr 4, 2016
Brief amicus curiae of The Chamber of Commerce of the United States of America filed. VIDED.
Apr 4, 2016
Waiver of right of respondent City of Miami, Florida to respond filed.
Apr 13, 2016
DISTRIBUTED for Conference of April 29, 2016.
Apr 20, 2016
Response Requested . (Due May 20, 2016)
May 20, 2016
Brief of respondent City of Miami, Florida in opposition filed.
May 25, 2016
Letter of May 25, 2016, received from counsel for petitioner waiving the 14-day waiting period for the filing of a reply brief pursuant to Rule 15.5.
May 31, 2016
DISTRIBUTED for Conference of June 16, 2016.
May 31, 2016
Reply of petitioners Wells Fargo & Co., et al. filed. (Distributed)
Jun 17, 2016
Letter received pursuant to Rule 29.6, from counsel for the petitioners Wells Fargo & Co., and Wells Fargo Bank, N.A. amending petitioners' corporate disclosure statement. (Distributed)
Jun 20, 2016
DISTRIBUTED for Conference of June 23, 2016.
Jun 27, 2016
DISTRIBUTED for Conference of June 27, 2016.
Jun 28, 2016
Petition GRANTED. The petition for a writ of certiorari in No. 15-1111 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Jul 29, 2016
The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 22, 2016. VIDED.
Jul 29, 2016
The time to file respondents' brief on the merits is extended to and including September 30, 2016. VIDED.
Aug 18, 2016
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Aug 18, 2016
Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for respondent. VIDED
Aug 22, 2016
Brief of petitioners Wells Fargo & Co., et al. filed.
Aug 22, 2016
Joint appendix filed. VIDED.(Statement of costs received.)
Aug 29, 2016
Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed. VIDED.
Aug 29, 2016
Brief amici curiae of American Bankers Association, et al. filed. VIDED.
Aug 29, 2016
Brief amicus curiae of The Cato Institute filed. VIDED.
Aug 29, 2016
Brief amicus curiae of DRI-Voice of the Defense Bar filed. VIDED.
Sep 2, 2016
SET FOR ARGUMENT On Tuesday, November 8, 2016
Sep 9, 2016
Record has been requested from the U.S.C.A. 11th Circuit.
Sep 20, 2016
Record received from the U.S.D.C. Southern Dist. of Florida is electronic.
Sep 28, 2016
CIRCULATED
Sep 30, 2016
Brief of respondent City of Miami, Florida filed. (Distributed)
Oct 7, 2016
Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. filed. VIDED. (Distributed)
Oct 7, 2016
Brief amicus curiae of United States filed. VIDED. (Distributed)
Oct 7, 2016
Brief amicus curiae of Constitutional Accountability Center filed. VIDED. (Distributed)
Oct 7, 2016
Brief amici curiae of National Association of Counties, et al. filed. VIDED. (Distributed)
Oct 7, 2016
Brief amici curiae of Anita Trafficante, et al. filed. VIDED. (Distributed)
Oct 7, 2016
Brief amici curiae of AARP and AARP Foundation filed. VIDED. (Distributed)
Oct 7, 2016
Brief amici curiae of Fraternal Order of Police, Miami Lodge 20, and Florida Professional Firefighters, Inc. filed. VIDED. (Distributed)
Oct 7, 2016
Brief amici curiae of The Lawyers' Committee for Civil Rights Under Law, et al. filed. VIDED. (Distributed)
Oct 7, 2016
Brief amici curiae of Asian Americans Advancing Justice I AAJC, et al. filed. VIDED. (Distributed)
Oct 7, 2016
Brief amici curiae of The City and County of San Francisco, The City of Los Angeles, and 24 Other Jurisdictions filed. VIDED. (Distributed)
Oct 7, 2016
Brief amicus curiae of Urban Historian Leo Hollis filed. (Distributed)
Oct 7, 2016
Brief amici curiae of Housing Scholars filed. VIDED. (Distributed)
Oct 7, 2016
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED.
Oct 7, 2016
Brief amici curiae of Current and Former Members of Congress filed. VIDED. (Distributed)
Oct 24, 2016
Reply of petitioners Wells Fargo & Co., et al. filed. (Distributed)
Oct 28, 2016
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. VIDED
Nov 8, 2016
Argued. For petitioners: Neal K. Katyal, Washington, D. C. For respondents: Robert S. Peck, Fairfax Station, Va.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) VIDED.
Nov 28, 2016
Letter of counsel for respondent City of Miami, Florida filed. VIDED. (Distributed)
May 1, 2017
Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Sotomayor, and Kagan, JJ., joined. Thomas, J., filed an opinion concurring in part and dissenting in part, in which Kennedy and Alito, JJ., joined. Gorsuch, J., took no part in the consideration or decision of the cases. VIDED.
Jun 2, 2017
JUDGMENT ISSUED.

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