2011

MaheleComes the sad news that retired U.S. Bankruptcy Judge Jon J. Chinen has died. The Star-Advertiser obit noted that he served as Bankruptcy Judge and referee from 1976 to 1993 (I learned bankruptcy law from Judge Chinen, serving for a short time as a judicial extern in his chambers during law school).

There will be

Update: Rick Rayl adds his thoughts about the case and how California state courts might approach the issue here.

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What does a property owner have to do in order to qualify as a “prevailing party” in a federal condemnation action, such that it triggers fee shifting under the Equal Access to Justice Act

People can get passionate about their pets. We understand that. And, as we’ve mentioned before, we appreciate creative lawyering. We really, really do. But sometimes — to paraphrase Justice Holmes — seeing a taking lurking in everything can “go too far.”

Here’s the latest example. In Concerned Dog Owners of California v. City of Los

As we predicted in a recent article, the Supreme Court’s latest takings decision in Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, No. 08-11 (June 17, 2010) has been “a boon for academics who may continue the search for the ‘takings quark’ (if not woodchucks) in the pages of law

This just in: the U.S. Supreme Court has ruled 7-1 that when a District Court lawsuit and a lawsuit in the U.S. Court of Federal Claims are based on the same operative facts, the CFC has no subject matter jurisdiction. United States v. Tohono O’odham Nation, No. 09-846, (cert. granted Apr. 19, 2010).

Although

Tomorrow (April 27, 2011), the U.S. Supreme Court will hear oral arguments in Comm’n on Ethics of the State of Nevada v. Carrigan, No. 10-568 (cert. granted Jan 7, 2011). In that case, the Court is considering whether a state statute that requires elected officials to recuse themselves from considering matters on which they

The petitioners have filed their reply brief in Guggenheim v. City of Goleta, No. 10-1125 (petition for cert. filed Mar. 11, 2011), the case involving California mobile home park owners who are asking the Court to review the decision of a sharply divided en banc Ninth Circuit which held that Goleta’s mobile home rent