November 2011

Here’s the latest from the U.S. Court of Appeals for the Federal Circuit (the court that hears appeals in most regulatory takings claims against the federal government), CCA Associaties v. United States, No. 2010-5100 -5101 (Nov. 21, 2011).

This is an appeal of a Court of Federal Claims decision holding that two federal statutes

The Hawaii Attorney General today issued a statement responding to the recently-announced changes in the Judicial Selection Commission Rules, whereby the Commission said that from here forward, it would publicly disclose the names on the list of judicial nominees at the same time it transmits those lists to the “appointing authorities” (governors and Chief Justices).

We’ve been kind of busy in the last few days with a couple of appellate briefs, so haven’t had a lot of time to post up the latest cases and articles of interest. But here’s what we are reading today, in between brief writing:

In this press release issued yesterday, the Hawaii Judicial Selection Commission  announced it has amended its rules so that from now on, the JSC “will release the names of the nominees transmitted to the Governor or Chief Justice at the time they are transmitted and will be permitted to disclose statistical and historical information

In case you missed out on the 8th Annual Brigham-Kanner Property Rights Conference, held last month in Beijing, check out this video (here is the page with links to all of our posts related to the conference).

The Conference was a resounding success, and featured presentations and papers by the creme de la creme

Here’s what’s going on:

  • The Honolulu Star-Advertiser‘s story on yesterday’s decision by Circuit Judge Karl Sakamoto in the Star-Advertiser’s lawsuit to compel Governor Abercrombie to cease keeping the names of judicial nominees from the public: Judge to gov: Make names public. We represent the plaintiff:

“We are extremely pleased,” said newspaper attorney

Filarsky v. Delia, No. 10-1018 (cert. granted Sep. 27, 2011) is not the typical case for this blog. It’s not a land use case, and involves a question of the immunities that lawyers may be entitled to claim in civil rights actions under 42 U.S.C. § 1983.

But since section 1983 claims and defenses

This just in: In Los Angeles County Metro. Trans. Auth. v. Alameda Produce Market, LLC, No. S188128 (Nov. 14, 2011), the California Supreme Court held:

Under California’s “quick-take” eminent domain procedure, a public entity filing a condemnation action may seek immediate possession of the condemned property upon depositing with the court the probable compensation