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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)

Citation
Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)
Parent Document
Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)
Effective Date
2021-11-12

Other Sections in This Document (145)

Full Text

435 chars
However, we have held that a plaintiff may provide
notice of their intent to pursue either a disparate-impact or
disparate-treatment claim during discovery. Coleman,
232 F.3d at 1294. Notice in the complaint is preferred. Id.
at 1292. Thus, to avoid prejudicing the defendant, notice
provided during discovery should be made early and should
clearly demonstrate the plaintiff is collecting evidence to
establish the alternative theory.