April 2020

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To all who joined from Hawaii and across the nation, thank you for doing so. As I mentioned during the webinar, here is the video and links to the cases and other materials I spoke about: 

  • “Emergency does not create power. Emergency does not increase granted power or remove or diminish the restrictions imposed upon

Today’s Federal Circuit opinion in Golden v. United States, No. 19-2134 (Apr. 10, 2020) is the latest in the post-Oil States cases involving the alleged taking of patents.

Golden asserted three theories:  

The complaint alleges the takings occurred by virtue of: (1) the government’s use, manufacture, development, and disclosure of the subject

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Here’s yet another complaint alleging that a virus-related order is a taking, this time with an interesting twist (other complaints here, here and here).

The twist is that the plaintiff/property owners (who include former Arkansas governor Mike Huckabee) assert that they are being prevented from using their own residential property. The complaint asserts

Here’s the latest complaint challenging the virus-related business shut down orders springing up nationwide. (Other lawsuits are posted here and here.)  

This one alleges a host of constitutional violations (and defamation!) after the Connecticut governor banned large gatherings and ordered all restaurants and bars to close, and the New Haven mayor publicly “highlighted” the plaintiff

Here’s a short one from the Florida District Court of Appeal where the background might be more relevant to today’s circumstances than the court’s actual holding about which party bears the burden of proof on valuation (and goes first at trial). 

First, the decision. In Florida Dep’t of Agriculture v. Mahon, No. 5D19-3102 (Apr.

Join us next Tuesday, April 14, 2020, at 12 noon Hawaii Time (3pm PDT, 6pm EDT) for a free webinar sponsored by the Grassroot Institute of Hawaii, “Safety vs. Freedom: Are There Limits to Lockdowns?” Register here

Here’s the description of the program:

Governments at every level in Hawaii have