City of Miami Gardens v. Wells Fargo & Co., No. 18-13152 (11th Cir. 2019)Annotate this Case
The City filed suit against Wells Fargo, alleging that Wells Fargo violated the Fair Housing Act by steering black and Hispanic borrowers into higher-cost loans than similarly situated white borrowers.
The Eleventh Circuit vacated the district court's grant of summary judgment in favor of Wells Fargo, holding that the district court should have dismissed the action for lack of standing. In this case, the City failed to satisfy the injury or causation elements of standing, because the City's evidence of a risk that loan HC2 will go into foreclosure at some point in the future did not satisfy the requirement that a threatened injury be imminent, not conjectural or hypothetical. Furthermore, the evidence that loan HC2 may go into foreclosure also failed to satisfy the
requirement of causation. The court held that the City failed to satisfy its burden of calling to the district court's attention any outstanding discovery on the issue of standing. Therefore, the City has failed to establish that a genuine issue of material fact exists concerning standing.