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Case Name Fisher v. Dallas Federal Savings and Loan Association and Guardian Savings and Loan Association FH-TX-0002
Docket / Court 79-0565 ( N.D. Tex. )
State/Territory Texas
Case Type(s) Fair Housing/Lending/Insurance
Case Summary
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 ... read more >
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).

Andrew Nash - 06/02/2008


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Issues and Causes of Action
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Issues
Discrimination-area
Lending
Discrimination-basis
National origin discrimination
General
Funding
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1981
42 U.S.C. § 1982
Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691
Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.
Defendant(s) Dallas Federal Savings and Loan Association
Guardian Savings and Loan Association
Plaintiff Description Persons who had been denied loan by savings and loan associations challenging alleged “redlining.”
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief
Form of Settlement
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Case Studies The Origins of Fair Lending Litigation
Written: Dec. 04, 2008
By: Andrew Nash (Washington University in St. Louis)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Memorandum Opinion 06/18/1985 (106 F.R.D. 465) (N.D. Tex.)
FH-TX-0002-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
[Opinion] 01/15/1988 (835 F.2d 567)
FH-TX-0002-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Buchmeyer, Jerry (N.D. Tex.)
FH-TX-0002-0002
Higginbotham, Patrick Errol (N.D. Tex., Fifth Circuit)
FH-TX-0002-0001
Sanders, Harold Barefoot Jr. (N.D. Tex.)
FH-TX-0002-0001
Williams, Jerre Stockton (Fifth Circuit)
FH-TX-0002-0001
Monitors/Masters None on record
Plaintiff's Lawyers Hernandez, Frank (Texas)
FH-TX-0002-0001 | FH-TX-0002-0002
Defendant's Lawyers Babcock, Charles L. (Texas)
FH-TX-0002-0002
Hartman, Ralph E. (Texas)
FH-TX-0002-0002
Kendall, Patricia J. (Texas)
FH-TX-0002-0001
Street, G. Leroy (Texas)
FH-TX-0002-0002
Other Lawyers None on record

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