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Cases cited for the legal proposition you have searched for.

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1

...unbridled discretion. It has been held that the purpose of actual damages in a fair housing case "is to put the plaintiff in the same position, so far as money can do it, as he would have been had there been...-35 (a), to pay the complainant actual and compensatory damages, and to offer for sale a lot within the subdivision known as Chestnut Lane Estates similar to lot 7 at the price for which lot 7 was..., 448 A.2d 801 (1982). "[F]ederal courts in construing the federal fair housing laws have uniformly adopted the evidentiary requirement articulated by the United States Supreme...


Court: Supreme Court of Connecticut
Date: Sep 2, 1986 Cited By: 151 Coram: 1
2

...liability under the Fair Housing Act, and (2) in requiring that the jury find "insubstantial" actual damages or "legal harm" as a prerequisite to awarding nominal damages..., 492 U.S. 905 (1989) mandates that, to determine liability in a Fair Housing Act case, a jury find "causation" linked to "actual injury." Gunby is inapplicable here. In Gunby, the plaintiff did not present evidence that he suffered any emotional distress as a result of the loss of the sought-after job. Thus, we set aside the jury's award of compensatory damages for...argue that the jury was improperly instructed and that the jury committed error when it failed to return an award of $1 in nominal damages for Mrs. Riga's violation of the Fair Housing Act. The plaintiffs allege that the District Court erred in instructing the jury that an award of nominal damages requires a finding of "insubstantial" actual damages...


Court: United States Court of Appeals, Third Circuit.
Date: Mar 22, 2000 Cited By: 264 Coram: 1
3

...fees and security moots the question of damages. 42 U.S.C. § 3612(b) (1968). Indeed Section 3612, with its provision for actual damages and punitive damages up to a maximum of $1,000 per violation of the Fair Housing Act..."], owner of a large apartment complex in Cincinnati, Ohio. The action was instituted under the Fair Housing Act of 1968, 42 U.S.C. § 3601, et seq. (1968), to...not only for the Cashes, but also permanent injunctive relief for "all similarly situated Negro citizens." The complaint also sought punitive damages. The complaint was filed on...


Court: United States Court of Appeals, Sixth Circuit.
Date: Dec 4, 1970 Cited By: 72 Coram: 1
4

...award of punitive damages without actual damages and apparently without nominal damages). And, under an analogous provision of the Fair Housing Act, the Third Circuit has held that punitive damages...(1st Cir. 1995). Similarly, on the question of punitive damages under the Fair Housing Act, the Fourth and Fifth Circuits have held that punitive damages are not available absent a compensatory damages award. See Louisiana ACORN Fair Hous. v. LeBlanc, 211 F.3d 298, 303 (5th Cir. 2000) (recognizing that punitive damages are not available in absence of actual damages.... We write to clarify that in this Circuit a Title VII plaintiff may recover limited statutory punitive damages absent an award of either actual or nominal damages...


Court: United States Court of Appeals, Second Circuit.
Date: Nov 16, 2001 Cited By: 68 Coram: 1
5

.... See, e.g., Banai v. Sec'y U.S. Dep't of Hous. Urban Dev. ex rel. Times, 102 F.3d 1203, 1207 (11th Cir. 1997) (the Fair Housing Act allowance for "actual damages" includes...). If a loan servicer fails to comply with any of these provisions, an individual borrower may recover any actual damages caused by the failure, and up to $1,000 in statutory damages...if there is a pattern or practice of noncompliance with RESPA. Id. § 2605(f). Although we have not specifically defined "actual damages" within the meaning of § 2605(f)(1)(A), we have held...


Court: United States Court of Appeals, Eleventh Circuit.
Date: Sep 30, 2010 Cited By: 93 Coram: 3
6

...): Bryant v. TRW, Inc., 487 F. Supp. 1234, 1240 (E.D.Mich. 1980). Likewise, courts have allowed recovery for emotional distress as part of the "actual damages" available under the Fair Housing Act.... 1150, 1154 (N.D.Cal. 1978). Under the Fair Credit Reporting Act, 15 U.S.C. § 1681n, the term "actual damages" has been read to include damages for...— (i) the actual damages sustained by the plaintiff as a result of such unauthorized disclosure, plus (ii) in the case of willful disclosure...


Court: United States District Court, N.D. Illinois, E.D.
Date: Aug 17, 1993 Cited By: 62 Coram: 1
7

...administrative proceeding, nothing in the history of the act suggests that in authorizing the commission to award actual damages the Legislature intended the phrase to be construed differently than it is understood in the law of damages. (Cf. Morehead v. Lewis (N.D.Ill. 1977) 432 F. Supp. 674, 678 [construing the federal fair housing act...determination that the phrase "actual damages" as used in section 12987 means compensatory damages, or that compensatory damages include nonquantifiable general damages for emotional distress and pecuniarily measurable special damages for out-of-pocket losses. (See Hess v. Fair Employment and Housing Com...complainants to sue for both equitable relief and damages in an amount not less than $500; the Unruh Civil Rights Act authorized the award of "actual damages" plus $250. ( Dyna-Med, Inc. v. Fair Employment Housing Com...


Court: Supreme Court of California.
Date: Aug 29, 1991 Cited By: 88 Coram: 2
8

...Congress enacted the Fair Housing laws which specifically provided for both actual and punitive damages remedies, 42 U.S.C. § 3612, yet four years later... and in not permitting him to recover compensatory and punitive damages; Ford asserts that the trial court improperly found that it violated Title...for the remainder of the training period missed by Walker after the discharge, and attorney's fees, but denied compensatory damages claimed by Walker and also denied punitive damages...


Court: United States Court of Appeals, Eleventh Circuit.
Date: Sep 7, 1982 Cited By: 996 Coram: 1
9

...actual and punitive damages. See N.D. Fair Housing Council, Inc. v. Allen, 298 F. Supp. 2d 897, 899 (D.N.D. 2004) ("The...discovery of financial records of a defendant in order to prepare a case on the issue of punitive damages is permissible."). MIWD has not met its burden of showing that homeowner plaintiffs are not entitled...


Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION
Date: Apr 9, 2013 Cited By: 0 Coram: 1
10

.... C. The Interpretation of the Term "Actual Damages" in Other Federal Statutes Congress has seen fit to use the term "actual damages" in other federal statutes. Prior to the passage of the Privacy Act, the term "actual damages" in the Fair Housing Act...humiliation. Although this Court realizes it would not be fair to charge Congress with knowledge of the case law construing "actual damages..." under the Fair Credit Reporting Act, this Court thinks that the interpretation of "actual damages" under this consumer protection legislation...


Court: United States Court of Appeals, Fifth Circuit.
Date: Mar 21, 1983 Cited By: 55 Coram: 2
11

...fair housing organization is entitled to receive actual damages for a violation of the Fair Housing Act when such violation has caused damage in the form of diverted resources to combat the violation...a discriminatory housing practice has occurred . . . the court may award to the plaintiff actual and punitive damages . . . ." 42 U.S.C. § 3613(c)(1). A... 05-11-2017 FAIR HOUSING CENTER OF WASHINGTON, Plaintiff, v. BREIER-SCHEETZ PROPERTIES, LLC, et al., Defendants...


Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
Date: May 11, 2017 Cited By: 1 Coram: 1
12

...status. SMC 14.08.020, 14.08.040(A)(1). The ordinance allows prevailing parties to collect actual damages and attorney's fees. SMC 14.08.095(F). 4. The Fair Housing Act...). 5. FHCW is entitled to recover actual damages of $27,302. 6. The Fair Housing Act authorizes awards of punitive damages. 42.... v. Campbell, 538 U.S. 408, 426 (2003). 12. FHCW is entitled to Judgment for the actual damages to date and damages for remedial measures as outlined in Exhibit 7 for a total of $27,302. FHCW is entitled to the relief in Finding of Fact, ¶17 and injunctive relief permanently enjoining Defendant from enforcing any occupancy restriction which violates the Fair Housing Act...


Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
Date: Oct 5, 2017 Cited By: 0 Coram: 1
13

...Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2605, based upon other courts' determinations of what constitutes actual damages in other consumer fraud statutes, including: United States v. Balistrieri, 981 F.2d 916, 931 (7th Cir. 1992) (holding that actual damages include emotional distress under the Fair Housing Amendments...Cir. 1976) (holding that actual damages include emotional distress and humiliation under the Fair Credit Reporting Act, 15 U.S.C. § 1681(n)). In addition...Ploog v. Homeside Lending, Inc., 209 F.Supp.2d 863, 869 (N.D. Ill. 2002), this Court determined that actual damages included emotional and mental distress under the Real Estate...


Court: United States District Court, N.D. Illinois.
Date: Dec 8, 2004 Cited By: 0 Coram: 1
14

...the judgment for damages, the district court did not commit clear error because it made several specific findings of fact with respect to Fair Housing's actual damages. Simeonoff v. Hiner, 249 F.3d 883, 892-93 (9th Cir. 2001). The record fully supports the award of $14,217 in compensatory damages for diversion of resources and a total of $10,160 for frustration of mission damages. Fair Housing had...standing to sue; 2) imposing sanction against Combs with default judgment and damages; and 3) awarding attorney's fees of $508,606.78. We affirm. Fair Housing of Marin is a non-profit... FAIR HOUSING OF MARIN, a California non-profit corporation, Plaintiff-Appellee, v. Jack COMBS, d.b.a. Waters Edge Apartments, Defendant-Appellant...


Court: United States Court of Appeals, Ninth Circuit.
Date: Apr 9, 2002 Cited By: 1115 Coram: 6
15

.... Southern Home Sites Corp., 444 F.2d 143 (5th Cir. 1971). Under the fair housing laws, they are limited to actual damages, a maximum of $1,000 punitive...damages, plus attorneys fees in the discretion of the court. 42 U.S.C. § 3612(c). Under the Civil Rights Laws, in addition to actual or special damages...42 U.S.C. § 1982 and 42 U.S.C. § 3604(a) and (d). DAMAGES Plaintiff and...


Court: United States District Court, N.D. Georgia, Atlanta Division
Date: Nov 14, 1973 Cited By: 5 Coram: 1
16

...damages in FHA cases. In La. ACORN Fair Housing, this Court held that a punitive damages award under the FHA cannot stand absent an actual damages.... See La. ACORN Fair Housing, 211 F.3d at 303 (permitting punitive damages only where there was an award of actual damages, absent a constitutional violation). We disagree. As...him to punitive damages. In a civil action to enforce the FHA, "if the court finds that a discriminatory housing practice has occurred . . . the court may award to the plaintiff actual and punitive...


Court: United States Court of Appeals, Fifth Circuit.
Date: Aug 7, 2003 Cited By: 85 Coram: 1
17

...damages without a supporting award of actual or nominal damages. The most austere position is that taken by the Fourth Circuit in a Fair Housing Act case, that an award of punitives...submit punitives in a Fair Housing Act case in which no actual damages were awarded. See Searles v. Van Bebber, 251 F.3d 869, 880-81...punitive damages be awarded without an award of compensatory or nominal damages. In Louisiana ACORN Fair Housing v. LeBlanc, 211 F.3d 298...


Court: United States Court of Appeals, Eighth Circuit.
Date: Oct 3, 2002 Cited By: 97 Coram: 1
18

...of other courts' determinations of what constitutes actual damages, including: United States v. Balistrieri, 981 F.2d 916, 931 (7th Cir. 1992) (holding that actual damages include emotional distress under the Fair Housing Amendments...) (holding that actual damages include emotional distress and humiliation under the Fair Credit Reporting Act, 15 U.S.C. § 1681n). Id...Reporting Act ("FCRA") and the Fair Debt Collection Practices Act ("FDCPA") in concluding that "actual damages under RESPA include recovery for mental anguish...


Court: United States District Court, N.D. Illinois, Eastern Division
Date: Mar 19, 2002 Cited By: 79 Coram: 1
19

...are liable for violations of the Fair Housing Act, under 42 U.S.C. §§ 3601-3617. Under the Fair Housing Act, "if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may award to the plaintiff actual and punitive damages" and...evidence presented at the hearing through the testimony of Nelson, whom the Court found credible, established that the Defendants' discrimination also frustrated the Fair Housing Center's mission, which is to ensure equal housing opportunity across central Indiana. The Court finds that the Fair Housing Center of Central Indiana's actual damages are...Smitley violated the Fair Housing Act. They sought compensatory and punitive damages and injunctive relief. The Plaintiffs filed a Motion for Default Judgment on March 3, 2017. Dkt. No...


Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION
Date: Jul 3, 2018 Cited By: 2 Coram: 1
20

...declaratory, injunctive, and monetary relief for a Fair Housing Act violation by a municipality. The district court awarded only the requested injunction, reasoning that monetary damages were discretionary. Id. at 838-39. The Ninth Circuit reversed, ruling that the United States should have been given the opportunity to prove actual damages...compensatory damages under the Fair Housing Act are not discretionary whenever a plaintiff proves actual damages. Id. at 839. The Ninth Circuit looked to the legislative history of...not pursue money damages from Guam pursuant to 42 U.S.C. § 3614 of the Fair Housing Act. The reconsideration motion is denied. II. STANDARD OF REVIEW...


Court: UNITED STATES DISTRICT COURT FOR THE TERRITORY OF GUAM
Date: Apr 25, 2019 Cited By: 0 Coram: 1

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