Client Wins

Client Wins

Young and Pennington Defeat Race Discrimination, Fraud, and Conspiracy Claims for Housing Authority Client

Rebecca Young (Partner-Birmingham, AL) and Caroline Pennington (Associate-Birmingham, AL) secured dismissal of all claims in the U.S. District Court, Middle District of Alabama, on behalf of Wilson Elser's Housing Authority client and several of its employees. The clients were collectively alleged to have engaged in conspiracy, fraud, and racial discrimination against the plaintiff in this case, a minority business owner. The plaintiff alleged that the Housing Authority stopped awarding his company various open-bid projects after learning his business was minority-owned. His 36-page complaint detailed the number of bidding opportunities, contract awards, and payments awarded before our client allegedly discovered that his business was minority-owned, as well as various actions taken by the Housing Authority and its employees.

Rebecca and Caroline filed a dispositive motion arguing that, despite its length and factual detail, the complaint failed to state a viable claim. They demonstrated that the plaintiff did not identify which individual defendants engaged in the conduct underlying the claims, that the conspiracy allegations failed under the Intracorporate Conspiracy Doctrine, and that the plaintiff failed to adequately establish that race, rather than his failure to submit the lowest bids, was the reason he was not awarded the contracts. In response, the plaintiff argued that the pleading sufficiently demonstrated that he was denied an equal opportunity during the bidding process due to differences in how the Housing Authority communicated with other bidders. During oral argument, the court agreed that the pleading was insufficient to state a claim and ultimately granted an order in favor of Wilson Elser’s clients, dismissing all claims. 

Rebecca A. Young and Caroline C. Pennington

Privacy Settings
Your Privacy Choices
We value your privacy. Under privacy laws in your jurisdiction, you have the right to control how your personal information is used, including the right to opt out of the “sale” or “sharing” of your personal information for cross-context behavioral advertising. You may also limit the use of your sensitive personal information.

Below, you can review and adjust your cookie and data sharing preferences. For more information about how we use your data, please see our Privacy Policy.

Your Rights and Choices

Opt Out of Sale or Sharing: You may opt out of the sale or sharing of your personal information for advertising and analytics purposes by turning off Advertising & Targeting Cookies. We will honor your choice and will not sell or share your personal information for these purposes unless you enable these cookies again. Wilson Elser does not sell or share personal information in any other manner.

Limit Use of Sensitive Personal Information: If we collect sensitive personal information, you may limit its use to only what is necessary to provide requested services by adjusting your preferences here. Please contact privacy@wilsonelser.com with any questions.

Global Privacy Control: We honor browser-based opt-out signals, such as the Global Privacy Control (GPC). If we detect such a signal, your opt-out preference will be automatically applied.

These cookies are essential for the website to function and cannot be switched off in our systems. They are usually set in response to actions made by you, such as setting your privacy preferences, logging in, or filling in forms.

These cookies enable the website to provide enhanced functionality and personalization. If you do not allow these cookies, some or all of these services may not function properly.

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They may be set through our site by us or our analytics partners to understand your interests and deliver more relevant content to you. If you do not allow these cookies, we will not know when you have visited our site