Justia U.S. D.C. Circuit Court of Appeals Opinion Summaries

Jones Lang LaSalle Brokerage, Inc. (JLL) represented both parties to an agreement to lease property in northwest Washington, D.C. Because dual representations of that kind pose inherent conflicts of interest, the District of Columbia’s Brokerage Act required JLL to obtain the written consent of all clients on both sides. JLL’s client on the landlord side of the transaction, 1441 L Associates, LLC, declined to pay JLL’s commission. JLL then brought this action to recover the commission. In defending against the suit, 1441 L argued that JLL, when disclosing its dual representation, failed to adhere to certain formatting specifications set out in the Brokerage Act that aim to highlight such a disclosure. The district court granted summary judgment to 1441 L.   The DC Circuit vacated and remand for further proceedings. The court concluded that that the Act does not invariably require adherence to those formatting specifications. Rather, the specifications go to whether the broker can gain an optional presumption that it secured the required written consent for its dual representation. Even without the benefit of that presumption, a broker can still demonstrate that it obtained the requisite written consent. View "Jones Lang Lasalle Brokerage, Inc. v. 1441 L Associates, LLC" on Justia Law

Webb, a disabled veteran, was referred to U.S. Vets, which administered the Supportive Housing Program, for participants to live with a roommate in multiple-occupancy units, and Shelter Plus Care, for chronically homeless veterans with disabilities to live in one-bedroom units without roommates or two-bedroom units with a roommate. Webb alleges that he qualified for a one-bedroom unit through Shelter Plus. Vets allegedly told him that no one-bedroom unit was available and placed him temporarily in a multiple-occupancy unit. . A few months later, Vets placed a female applicant in its Shelter Plus Care program although she had indicated on her application that she was not chronically homeless. Webb alleges that she was “given preferential treatment because she is a female” in violation of the Fair Housing Act, 42 U.S.C. 3604(a).The district court dismissed Webb's suit, concluding that because Webb had paid no rent, he had “no legally protected interest.” The D.C. Circuit reversed. Under the Act, it is unlawful to “make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin.” Any person who . . . claims to have been injured by” conduct prohibited by section 3604 is an “aggrieved person.” Webb alleged that housing was made “unavailable” based on his sex, regardless of whether he paid rent. View "Webb v. United States Veterans Initiative and Community Partnership" on Justia Law

Developer filed suit against the University after the University terminated the lease agreement between the parties because Developer failed to make a rental payment. The district court granted summary judgment in favor of the University. The court vacated and remanded for further proceedings, concluding that there is a genuine dispute whether a rental payment was due on May 30, 2013, and therefore whether the University was entitled to terminate the lease and to collect damages. View "Howard Town Center Developer v. Howard University" on Justia Law