City of Miami v. Bank of America Corp., No. 14-14543 (11th Cir. 2015)Annotate this Case
The City filed suit against the Bank, alleging that the Bank engaged in a decade-long pattern of discriminatory lending in the residential housing market that caused the City economic harm. The City asserts a claim arising under the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq., as well as an unjust enrichment claim under Florida law. The district court dismissed the City's FHA claim with prejudice. The court found that the City has constitutional standing to pursue its FHA claims; under controlling Supreme Court precedent, the “zone of interests” for the FHA extends as broadly as permitted under Article III of the Constitution, and therefore encompasses the City’s claim; while the court agreed with the district court that the FHA contains a proximate cause requirement, the court found that this analysis is based on principles drawn from the law of tort, and that the City has adequately alleged proximate cause; and the court concluded that the “continuing violation doctrine” can apply to the City’s claims, if they are adequately pled. The court concluded that the district court erred in dismissing the City’s federal claims with prejudice and in denying the City’s motion for leave to amend on the grounds of futility because the district court imposed too stringent a zone of interests test and wrongly applied the proximate cause analysis. The court affirmed the dismissal of the state law claim because the benefits the City allegedly conferred on the defendants were not sufficiently direct to plead an unjust enrichment claim under Florida law. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings.
The court issued a subsequent related opinion or order on May 3, 2019.
- Bank of America Corp. v. City of Miami, No. 15-1111 (U.S. May. 01, 2017)