Filed Date: May 4, 1979
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Plaintiffs filed a class action lawsuit comprised of three classes against Defendant-lenders in the U.S. District Court for the Northern District of Texas, alleging violations of the Fair Housing Act, 42 U.S.C. §§ 3601-3619, the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691-1691f, and federal civil rights statutes, 42 U.S.C. §§ 1981, 1982. Plaintiffs alleged that the two Defendant-lenders engaged in redlining and refused to extend credit to predominantly minority areas of Dallas.
On June 18, 1985, U.S. District Court Judge Buchmeyer certified one class under Rule 23(b) of loan applicants in a predominantly Mexican-American neighborhood who were actually or constructively denied loans by one of the Defendant-lenders. Judge Buchmeyer refused to certify a class of Plaintiffs who had not actually applied for a loan from either Defendant-lender. Judge Buchmeyer also refused to certify a class of loan applicants against the smaller of the two Defendant-lenders because the element of numerosity was not satisfied. Fischer v. Dallas Federal Sav. & Loan Asso., 106 F.R.D. 465 (N.D. Tex. 1985).
A jury trial led to a verdict for the Defendant-lenders. On January 15, 1988, the Fifth Circuit affirmed, finding that the Plaintiff-Appellants had failed to preserve objections to the District Court's evidentiary rulings excluding Plaintiffs' offered evidence. Fischer v. Dallas Federal Sav. & Loan Assoc., 835 F.2d 567 (5th Cir. 1988).
Summary Authors
Andrew Nash (6/2/2008)
Buchmeyer, Jerry (Texas)
Higginbotham, Patrick Errol (Texas)
Hernandez, Frank (Texas)
Babcock, Charles L. (Texas)
Hartman, Ralph E. (Texas)
Buchmeyer, Jerry (Texas)
Higginbotham, Patrick Errol (Texas)
Sanders, Harold Barefoot Jr. (Texas)
Williams, Jerre Stockton (Texas)
Last updated March 20, 2024, 3:10 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Texas
Case Type(s):
Fair Housing/Lending/Insurance
Key Dates
Filing Date: May 4, 1979
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Persons who had been denied loan by savings and loan associations challenging alleged “redlining.”
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Dallas Federal Savings and Loan Association, Private Entity/Person
Guardian Savings and Loan Association, Private Entity/Person
Case Details
Causes of Action:
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General:
Discrimination-area:
Discrimination-basis:
National origin discrimination
National Origin/Ethnicity: