U.S. District Court Judge Anita Brody today denied a motion made by Wells Fargo to amend her previous denial of the bank's motion to dismiss and denied its request that she certify her ruling on proximate cause for immediate review to the U.S. Court of Appeals for the Third Circuit. CCL President Robert S. Peck wrote the brief in opposition to Wells Fargo's motion in the case, City of Philadelphia v. Wells Fargo & Co.

     Last year, in a case Peck argued on behalf of the City of Miami against Wells Fargo and Bank of America, the U.S. Supreme Court upheld Miami's right to bring a case for damages over the banks' Fair Housing Act violations, but asked lower courts to determine the contours of the proximate cause standard to be applied. Judge Brody became the first federal judge to rule on that issue, holding that Philadelphia had at least met the proper standard with respect to its claims of noneconomic damages. Wells Fargo's Supreme Court Counsel Neal Katyal asked the Philadelphia-based court reconsider or certify the question for consideration at the appellate level. Peck's brief argued that the Wells Fargo motion did not meet the statutory criteria. In an order that contained no explanation, Judge Brody denied the motion.

     The case now moves forward with discovery.