NCLA Amicus Victory
In an NCLA amicus victory, Mark discusses a Second Circuit en banc Fair Housing Act case that refused to create landlord liability for tenant-on-tenant discrimination.
On March 25, a 7-5 en banc ruling in the U.S. Court of Appeals for the Second Circuit vacated a flawed panel decision and dismissed the complaint in the case Donahue Francis v. Kings Park Manor, Inc., et al. The court’s decision on narrow grounds correctly interpreted the scope of the statutes, held the plaintiff to appropriate pleading requirements, and thus affirmed the district court’s dismissal of a claim that sought to hold a landlord liable for tenant-on-tenant racial harassment.
Read more about the case here: https://nclalegal.org/2021/03/victory-second-circuit-refuses-to-make-landlords-liable-for-tenant-on-tenant-racial-harassment/
WI Sup. Ct. Shuts Down Gov.'s State of Emergency
Vec praises a Wisconsin Supreme Court ruling shutting down the governor’s efforts to perpetuate a state of emergency.
The court ruled 4-3 that Governor Tony Evers violated state law by unilaterally issuing multiple emergency orders to extend the mandate for months. It found that Gov. Evers needed legislative approval to issue more orders after the expiration of the initial 60-day mandate he issued in August.
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