2002 Supreme Court term

AND IN HIS CAPACITY AS PRESIDENT AND DESIGNATED OFFICER/BROKER OF TRIAD INC., ETC. v. EMMA MARY ELLEN HOLLEY ET VIR, ET AL.

Dockets 01-1120Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to Petitioner (Douglas G. Benedon), the petitioner argues that vicarious liability under the Fair Housing Act should be determined by established corporate and agency law rules, not by criteria unique to the FHA.

The respondents contend that there is substantial proof of underfunding.

Background and question before the Court

A Justice asked whether, under California law, a broker could operate without being an officer of the corporation.

Justice Stevens asked whether the Court should look to general federal common‑law agency principles or be bound by state agency law.

What each side argues

Petitioner Position

According to Petitioner (Douglas G. Benedon), imposition of vicarious liability under the FHA should be determined by application of established corporate and agency law rules, not by criteria unique to the FHA.

According to Mr. Schwemm, a broker must have a broker‑qualified individual who takes responsibility for the agents.

Respondent Position

According to Respondents, there is substantial proof of underfunding.

What happened at oral argument

A Justice asked whether, under California law, a broker could operate only as an officer of the corporation.

Justice Stevens asked whether the Court should look to general federal common‑law agency principles or be bound by state agency law.

Mr. Schwemm argued that the company cannot be a broker without a broker‑qualified individual who takes responsibility for the agents.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 8f90e2ed79f4642ede2e-r1-936b571c7424af0c.pdforal argument transcript

Guide generated September 19, 2026. Automated validation accepted this version.