CCL filed a brief opposing Wells Fargo's attempt to take an early appeal in Philadelphia's lawsuit against the banking giant over its discriminatory mortgage practices. In the case, in which CCL is part of a team of lawyers representing the CIty of Philadelphia, the U.S. District Court denied Wells Fargo's motion to dismiss, rejecting three different grounds.

First, Wells Fargo claimed that the city's injuries did not meet the directness test the Supreme Court mentioned but left undefined in CCL's victory in Bank of America v. City of Miami last term. Second, it claimed that the city's injuries fell outside the two-year statute of limitations. Finally, it argued that the city's disparate-impact claims were inadequately pleaded. The court found all three arguments to be without merit. 

Rather than proceed with the case in the usual fashion, Wells Fargo moved to have the district court's order certified for interlocutory review under 28 U.S.C. 1292(b). CCL's brief in opposition filed today explained why the order does not qualify for immediate appeal and asked the court to deny permission.