A disparate impact claim under the Housing Rights Act against an insurer withstands recent U.S. Supreme Court limitations and constrictions including the so-called "injury in fact" gloss on the U.S. Constitution in National Fair Housing Alliance v. Travelers Indem. Co., ___ F. Supp. 3d ___, No. 16–928 (JDB), 2017 WL 3608232 (D.D.C. August 21, 2017).
Speculation runs rampant over whether some so-called "bad faith" actions will survive the energetic activism of the current Roberts Court. The decision in this case tends to support the view that they will survive.
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