Litigation Resources

Ohio CDC Brief

Brief responding to landlord’s motion in Columbus, Ohio case for for eviction judgment against covered tenant on grounds that CDC eviction halt order is unconstitutional. Discusses Terkel v. CDC case and other federal opinions regarding constitutionality of CDC order. Drafted by Kaci Philpot, Zach Bowerman, and Jyoshu Tsushima of Legal Aid Society of Columbus with supervision of Melissa Benson. (March 4, 2021)

Amicus Brief (Massachusetts eviction moratorium) 

Submitted July 24, 2020, in Matorin v. Executive Office of Housing & Economic Development, a lawsuit pending in Massachusetts that challenges that state’s moratorium on “non-essential” eviction proceedings. Principally authored by NHLP with assistance from Joseph Sherman of MetroWest Legal Services in Framingham, Massachusetts. (July 24, 2020)

Louisiana Order of ReversalApplication, and Amicus Brief

These are litigation materials from Louisiana concerning a trial court’s denial of a request to hear an eviction case remotely due to the tenant’s disability, which rendered her unable to attend an in-person hearing due to a higher risk of serious consequences if infected with Covid-19. After the justice of the peace court declined to order a remote hearing, the tenant (represented by Hannah Adams of Southeast Louisiana Legal Services) filed an application for review in the Louisiana Court of Appeals, which was granted in this order. Bill Quigley and David Finger of Loyola University New Orleans filed an amicus brief in support of the application. (posted July 8, 2020)