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FMG attorneys Jennifer Ward and Christopher Curci prevailed on a Third Circuit appeal in a “precedential” Fair Housing Act opinion. FMG defended the Philadelphian Condominium Owners Association and its former Board President and General Manager. The plaintiff, a condominium unit owner, brought a Fair Housing Act claim alleging that the defendants failed to make a reasonable accommodation for her disability. After FMG successfully moved for the trial court to dismiss the plaintiff’s Complaint, the plaintiff appealed to the United States Court of Appeals for the Third Circuit.
The Third Circuit held oral argument and issued a rare “precedential” opinion, which it only does in 10% of its cases. The Court’s colorful opinion adopted the novel legal arguments put forth by FMG, and quoted Henry David Thoreau, Abraham Lincoln, and The Rolling Stones! The decision is a major legal victory for HOA’s and condominium associations in defending frivolous Fair Housing Act claims.
The Court’s full opinion can be read here!