December 2011

Harmon

In Landlord’s Uphill Fight to Ease Rent Restrictions, The New York Times reports on the Harmon cert petition (we posted the petition and the amici briefs in that case here), a challenge to New York City’s rent control ordinance.

We won’t rehash our thoughts on the case, but wanted to point out what

Here’s the amicus brief of the American Association for Justice (fka Association of Trial Lawyers of America) supporting the respondent in Filarksy v. Delia, No. 10-1018 (cert. granted Sep. 27, 2011), the case in which the U.S. Supreme Court is considering whether a private lawyer hired by a local government is entitled to claim

SCOTUSblog has listed a case we’ve been following, Arkansas Game & Fish Comm’n v. United States, as its “petition of the day” (cert petitions identified as “raising one or more questions that have a reasonable chance of being granted in an appropriate case”). SCOUTSblog posts the cert petition and the amicus briefs in support

Count us in the “not surprised” column: the property owners have sought a panel rehearing or a rehearing en banc from the Federal Circuit in CCA Associates v. United States, No. 2010-5100 -5101 (Nov. 21, 2011).

The petition for rehearing asserts

If any case cried out for en banc review, this is the one.

China has been on our mind lately. Maybe it’s our recent attendance at the Brigham-Kanner property rights conference held in Beijing in October. Maybe it’s last week’s talk to our law firm by an old friend on lessons that can be learned from China’s move from communism to a market economy.

Whatever is causing China

Here’s the respondent’s merits brief in Filarksy v. Delia, No. 10-1018 (cert. granted Sep. 27, 2011), the case in which the U.S. Supreme Court is considering whether a private lawyer hired by a local government is entitled to claim the same immunities from section 1983 lawsuits as his government-employed counterparts.

We filed an amicus

We’re gearing up for a Supreme Court argument tomorrow, so don’t have time at the moment to digest the entirety of today’s opinion in Avenida San Juan P’ship v. City of San Clemente, No. G043479 (Cal. Ct. App. Dec. 14, 2011). But a quick glance tells us we’re going to like it.

A California

A vast majority of the court clerks in the jurisdictions in which we practice are really very good: they are patient, understanding, professional, and accepting of the mistakes of counsel or their staff when we’re not aware of the intricacies of local procedure. Bless these clerks, they make the practice of law much easier.

But