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...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 Suprem...
...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 ...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 Di...
...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 ma..."], 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...
...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 ...(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 awa.... 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...
.... 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 ...).
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...
MOTIONS (Beta)
...): 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" availa.... 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...
...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 ...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 pecuniari...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 Employmen...
...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...
MOTIONS (Beta)
...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...
....
C. The Interpretation of the Term "Actual Damages" in Other Federal Statutes
Congress has seen fit to use the term "actual damages" in o...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...
MOTIONS (Beta)
...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 violat...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...
...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 ...).
5. FHCW is entitled to recover actual damages of $27,302.
6. The Fair Housing Act authorizes awards of punitive damages. .... v. Campbell, 538 U.S. 408, 426 (2003).
12. FHCW is entitled to Judgment for the actual damages to date and damages for remedial m...
MOTIONS (Beta)
...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: ...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 Re...
...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...following ways: 1) finding that 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...$14,217. With respect to frustration of mission, the district court found that Fair Housing suffered $10,160 in frustration of mission damages, namely for design, printing, and dissemination of literature...
.... 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...
...damages in FHA cases. In La. ACORN Fair Housing, this Court held that a punitive .... See La. ACORN Fair Housing, 211 F.3d at 303 (permitting punitive damages only where there was an award of actual damages, absent a constit...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...
...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...
MOTIONS (Beta)
...of other courts' determinations of what constitutes actual damages, including: United States v. Balistrieri, 981 F.2d 916, 931 (7th Cir. 1992) (holding that ...) (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...
...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...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 ...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...
MOTIONS (Beta)
...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 83...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...