News and information useful to Cleveland-Marshall College of Law students, faculty and staff.

Archive for August 30th, 2011

Fair Housing Clinic to Work on U.S. Supreme Court Case

C|M|LAW’s Fair Housing Clinic will be researching and writing briefs for First American Financial Corporation v. Edwards, U.S. Supreme Ct. Case No. No. 10-708.  The Clinic won  the case being appealed, Edwards v. First Am. Corp. , 610 F.3d 514 (9th Cir. 2010), as well as a companion case Edwards v. First Am. Corp., 385 Fed. Appx. 629, 2010 U.S. App. LEXIS 12718 (9th Cir. 2010) (The companion case deals with issues of class action certification and nationwide discovery).  The issue pending in the U.S. Supreme Court is whether a purchaser of real estate [who does not claim that the alleged violation of RESPA affected the price, quality, or other characteristics of the settlement services provided] has standing to sue under Article III, § 2 of the United States Constitution, which provides that the federal judicial power is limited to ‘Cases’ and ‘Controversies’ and which the Court has interpreted to require the plaintiff to ‘have suffered an ‘injury in fact.’’

The Fair Housing Clinic represents the plaintiff, a purchaser of real estate and Cleveland resident, who allegedly was affected by an exclusive agreement between her title insurance agent, Tower City Title, and issuer of title insurance policies, First American.  According to the complaint, First American purchased minority interests in Tower City Title and numerous other title insurance agents across the country, in return for the agents agreeing to exclusively refer all title business to First American.   Section 8(a) of the Real Estate Settlement Procedures Act (RESPA), 12 USC 2607, makes it illegal to give or receive a kickback or referral fee (broadly defined) in exchange for referring business (such as title insurance, mortgages, etc.) connected to a residential real estate transaction.


Keep Your Stuff Safe!

The Law Library has plenty of space for comfortable studying. But remember to play it safe with your stuff – don’t leave your belongings unattended at any point while studying in the library. This goes for your laptop, your casebooks, your cell phone, your sunglasses, your snacks, whatever. If you ever have cause for concern in the library, contact a staff member at the main access services desk immediately, and they will be happy to assist you. Campus police can be reached at x2020.

New Research Guide – Fair Housing

The library has a new  Fair Housing Research Guide.  It contains links to books and practice materials  on Lexis and Westlaw, as well as library call numbers.   There are direct links to relevant statutes, web sites, administrative decisions, case law databases, regulations and journals.   There is also a section on finding legislative history for fair housing legislation.

Also useful for housing law and community development research are the library’s recently updated  Land Use, Planning, and Zoning Research Guide  and the national sources mentioned in Ohio Local Government Law Resource Guide.