University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Edwards v. Flagstar Bank FH-MI-0003
Docket / Court 2:95-cv-73844-AC ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
Plaintiffs, rejected loan applicants, loan recipients who alleged that they had received less than favorable terms of credit, and a housing non-profit, filed suit in the U.S. District Court for the Eastern District of Michigan on September 21, 1995, against Flagstar Bank, alleging violations of the ... read more >
Plaintiffs, rejected loan applicants, loan recipients who alleged that they had received less than favorable terms of credit, and a housing non-profit, filed suit in the U.S. District Court for the Eastern District of Michigan on September 21, 1995, against Flagstar Bank, alleging violations of the Fair Housing Act, 42 U.S.C. 3605, 3617; HUD Regulations, 24 C.F.R. 100.120-100.130; federal civil rights statutes, 42 U.S.C. 1981, 1982; and Michigan's state civil rights act, M.C.L. 37.2504. The individual plaintiffs each alleged that they had been rejected for a loan, or had received a loan on less favorable terms than received by white loan applicants, because of their race.

The non-profit entered into a settlement agreement with the Defendant on November 13, 1998, which resolved all its claims. On January 20, 2004, the settling parties reported that the settlement agreement had been successfully implemented. The report indicated that the Defendant had exceeded its commitments under the settlement agreement and provided more than $300 million in credit to minority borrowers during the period covered by the settlement agreement.

At trial on the individual plaintiffs' damages suits, the Court (District Court Judge Avern Cohn) denied the Defendant's motion for a directed verdict, finding that the plaintiffs had produced sufficient evidence for a jury to find against the Defendant on all counts. Edwards v. Flagstar Bank, 109 F. Supp. 2d 691 (E.D. Mich. 2000). After the jury found in favor of the two of the five plaintiffs, the bank appealed, and the Sixth Circuit upheld the verdict in favor of one of plaintiffs but reversed the award in favor of the other, finding that their suit was barred by the statute of limitations. Paschal v. Flagstar Bank, FSB, 295 F.3d 565 (6th Cir. 2002). The Sixth Circuit also reversed the grant of attorneys' fees as excessive, finding that the District Court could not order the Defendant-bank to pay for the attorneys' fees of unsuccessful Plaintiffs. Paschal v. Flagstar Bank, FSB, 297 F.3d 431 (6th Cir. 2002).

Joshua Arocho - 06/27/2012


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Issues and Causes of Action
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Issues
Discrimination-area
Lending
Discrimination-basis
Race discrimination
General
Funding
Plaintiff Type
Private Plaintiff
Race
Race, unspecified
Causes of Action Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
42 U.S.C. § 1981
42 U.S.C. § 1982
Defendant(s) Flagstar Bank
Plaintiff Description Eight pairs of African Americans prospective home mortgagors who allege racially discriminatory mortgage lending.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1998 - 2007
Case Closing Year n/a
Case Ongoing No
Docket(s)
2:95-cv-73844-AC (E.D. Mich.) 04/21/2004
FH-MI-0003-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Decision on Post-Trial Motions 07/19/2000 (109 F.Supp.2d 691) (E.D. Mich.)
FH-MI-0003-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 07/17/2002 (295 F.3d 565)
FH-MI-0003-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
[Opinion] 07/17/2002 (297 F.3d 431)
FH-MI-0003-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order [Denying Writ of Certiorari] 02/24/2003 (537 U.S. 1227)
FH-MI-0003-0005 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Report to the U.S. District Court on [] Implementation of the Settlement Agreement and Extended Settlement Agreement 01/21/2004
FH-MI-0003-0001 PDF | Detail
Judges Cohn, Avern Levin (E.D. Mich.)
FH-MI-0003-0002 | FH-MI-0003-9000
Gilman, Ronald Lee (Sixth Circuit)
FH-MI-0003-0003 | FH-MI-0003-0004
Heyburn, John Gilpin II (W.D. Ky.)
FH-MI-0003-0003 | FH-MI-0003-0004
Siler, Eugene Edward Jr. (Sixth Circuit, E.D. Ky., W.D. Ky.)
FH-MI-0003-0003 | FH-MI-0003-0004
Monitors/Masters None on record
Plaintiff's Lawyers Marshall, Thomas E. (Michigan)
FH-MI-0003-9000
Reddy, Pramada (Michigan)
FH-MI-0003-9000
Roberts, Victoria A. (Michigan)
FH-MI-0003-9000
Tomkowiak, Steve (Michigan)
FH-MI-0003-0002 | FH-MI-0003-0003 | FH-MI-0003-0004 | FH-MI-0003-9000
Defendant's Lawyers Bernard, Paul R. (Michigan)
FH-MI-0003-0003 | FH-MI-0003-0004
Haberman, Rick A. (Michigan)
FH-MI-0003-0002 | FH-MI-0003-0003 | FH-MI-0003-0004 | FH-MI-0003-9000
Lang, Kathleen A. (Michigan)
FH-MI-0003-0002 | FH-MI-0003-9000
Ortiz, Francis R. (Michigan)
FH-MI-0003-0002 | FH-MI-0003-0003 | FH-MI-0003-0004 | FH-MI-0003-9000
Phifer, Randolph D. (Michigan)
FH-MI-0003-0002 | FH-MI-0003-9000
Other Lawyers None on record

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