Legal Case Summaries

In Messler v. Phillips, the Colorado Court of Appeals addressed the issues of fiduciary duty and duty of care owed by a listing agent to a buyer. The court held that the listing agent, who also represented the buyer in a concurrent sale deal, did not owe the buyer a fiduciary duty regarding the purchase, but did owe the buyer a common law duty of care.

Messler executed a listing...

In LA & N Interests, Inc. v. Fish, the Court of Appeals of Texas addressed claims of breach of contract, tortious interference with contract, and conversion by a buyer's brokerage and its sales associate against a buyer and a competitor brokerage. The court affirmed the buyer was not liable to either plaintiff, but reversed the summary judgment awarded to the competitor on the buyer...

In Honce v. Vigil, the Tenth Circuit addressed alleged violations of the Fair Housing Act based on sexual discrimination and harassment. The court held that the defendant landlord's conduct did not constitute sexual discrimination, as he treated tenants of both sexes equally poorly. Also, the court found no evidence of "quid pro quo" or "hostile housing environment"...

In Harmer v. Virginia Electric and Power Co., the district court held that the plaintiff was a qualified individual with a disability, but that the employer's actions constituted a reasonable accommodation. The court also held that the employer did not retaliate against the plaintiff for exercising his rights under the ADA.

In 1981, Harmer began working for VEPCO. In December 1986...

Note: This case is not published in an official reporter and may not be cited as authority. Consult with counsel before relying on this case.

In the Minnesota state district court case, Dismuke v. Edina Realty, the Plaintiffs, a class of 6,000 sellers of residential property sued Edina Realty over exclusive listing agreements. The one-count complaint alleged breach of fiduciary duty....

In Darby v. Heather Ridge, the court reviewed the damages received for racial discrimination. The court reduced a $200,000 compensatory damages award to $50,000, and a $250,000 punitive damages award to $50,000.

In May 1991, Darby and his wife (plaintiffs), both African American, were in the process of selling their home. They visited Heather Ridge Apartments to inquire about leasing a...

In Cook v. State of Rhode Island Department of Mental Health, Retardation, and Hospitals, the First Circuit addressed alleged violations of the Rehabilitation Act (Act). The court found that the plaintiff, who suffered from "morbid obesity," was discriminated against by a prospective employer on the basis of a "perceived disability." The court affirmed a jury verdict and...

Note: This case is not published in an official reporter and may not be cited as authority. Consult with counsel before relying on this case.

An Administrative Law Judge finds the owner of an apartment complex to be liable for the wrongful acts of his building manager, who refused to rent an apartment to a family with children out of concern that the children might hurt themselves by...

Note: This case is not published in an official reporter and may not be cited as authority. Consult with counsel before relying on this case.

In Bokusky v. Edina Realty, the district court addressed alleged dual agency violations by a real estate agency. The court order certified a federal class action suit against Edina Realty (Edina). Thereafter, in what Edina's president called...

Note: This case is not published in an official reporter and may not be cited as authority. Consult with counsel before relying on this case

In the 1993 case, Baby Girl Sarah Bradley v. Lime Tree Village Community Club, the district court held that a housing development discriminated on the basis of family status and assessed a $50,000 civil penalty. The jury awarded $390,500 in...