In a reply brief filed in the Seventh Circuit, CCL joined the legal team for Cook County in arguing that the federal district court erroneously excluded the county's expert witnesses, held that the county could not meet the Fair Housing Act's proximate cause requirement for its injuries, and that Bank of America should receive summary judgment in its favor in this nearly decade-long case.

     Cook County filed this case in 2014, alleging that the Bank intentionally and with a disparate impact provided minority neighborhoods with toxic mortgages that were likely to lead to foreclosure even when the borrowers qualified for better mortgages so that the Bank stripped the borrowers of the equity they had in their homes and foreclosed on them in violation of the FHA's anti-discrimination requirements. 

      Cook County appealed the ruling against them, arguing that the judge made fundamental errors in her decision. Bank of America's brief then signaled its agreement with the judge. CCL President Robert Peck was added to the legal team representing the county and contributed to the reply brief filed today. In it, CCL's contribution concentrated on the history and text of the FHA to demonstrate that the County fit within its protective purposes, as the Supreme Court had recognized, and that the expert evidence proffered met the standard the Supreme Court had set out, demonstrating an acceptable methodology used the federal government itself.

      The case now awaits an oral argument date, where Peck will make the argument. Previously, Peck prevailed on similar issues on behalf of the City of Miami in a 2017 Supreme Court case against both Bank of America and Wells Fargo.