On June 22, 2018, CCL filed the decision in City of Oakland v. Wells Fargo Bank, NA, as supplemental authority in the U.S. Court of Appeals for the Eleventh Circuit, which is considering the remanded issue of proximate cause from last year's decision in Bank of America Corp. v. City of Miami. CCL's Robert S. Peck argued the case in the Supreme Court and the proximate cause issue in the Oakland case.

     In last year's decision, the Supreme Court held that Miami had standing to bring claims under the Fair Housing Act for lost property taxes, remediation expenses, and fair housing expenditures, but left open the issue of whether the complaint met the FHA's proximate cause requirement. It asked lower courts to decide, in the first instance, the contours of that requirement. Since then, Peck has argued the issue in cases brought against Wells Fargo in Philadelphia and Oakland. Both federal district courts denied the bank's motion to dismiss on proximate cause grounds. In the Philadelphia case, Wells Fargo sought permission to bring an interlocutory appeal, which Peck opposed. The district court denied permission.

      On June 29th, another federal district court will hear the same issue in a case brought by the City of Sacramento against Wells Fargo. Once again, Peck will argue the issue.