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)
Jurisdiction: United States (federal)
Effective Date: 2021-11-12
Original Source: https://www.courtlistener.com/opinion/5296996/southwest-fair-housing-council-v-mdwid/ ↗

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For example, in Coleman, plaintiffs pursued an ADEA
disparate-treatment discrimination claim in their complaint
and in discovery, but never raised a disparate-impact claim
before summary judgment. Id. at 1292–93. We held that
because the defendant was given “no notice either in the
complaint, in documents submitted with the complaint, or in
any document prior to their motions for summary judgment
that they intended to argue this theory,” the district court did
not err when it barred plaintiffs from asserting the theory at
summary judgment. Id. at 1294 n.8.

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