This is mostly for our 808 sisters and brothers, but the rest of you might also find it interesting as well, because it is a Chief Justice of a state supreme court talking directly (to a lawyer-interviewer) about the measures which the third branch of state government is undertaking during lockdown.
Fed Cir: Patent Infringement Claim Is A Tort, Not A Taking (Nor Is Inter Partes Review)
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
Take It Easy: Today Is Hawaii’s Secular Good Friday Holiday
Even if the world were open today, the doors to most Hawaii state, county, and city offices would still be locked. Because today is the day that Hawaii celebrates Good Friday.
Yes, Good Friday is an an official state-sanctioned holiday in the 808 area code, so we’re reposting our annual recounting of how it
Private Beach Owners: Closing All Beaches Is A Physical Taking
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
Another Takings Challenge To Business Shut Down Order
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
Fla App: In Valuation Phase Of Inverse Case, Condemnor Has Burden Of Proof
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.
New Book: Stringfellow Acid Pits – The Toxic and Legal Legacy
More information, including how to get your copy here.
Here’s the description:
Stringfellow Acid Pits tells the story of one of the most toxic places in the United States, and of an epic legal battle waged to clean up the site and hold those responsible accountable. In 1955, California officials approached rock quarry owner
Safety Dance: Are There Limits To Lockdowns? Free Webinar April 14
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
Cal Ct App: Storage Of Publicly-Owned Water On Private Property Isn’t A Taking
We were all set to digest the California Court of Appeal’s opinion in Ruiz v. County of San Diego, No. D074654 (Apr. 7, 2020), when we realized that the opinion was not issued today, but merely ordered published today, and that the opinion was issued last month as an unpublished. So we checked with
Shades Of Eastern Enterprise: Applying “Meaningful” Rational Basis Review, NY Court Of Appeals Shields Retroactive Rent Control Law From Takings Analysis
We’re certainly not going to delve in detail into the 109 single-spaced pages of the majority and dissenting opinions in the New York Court of Appeals’ ruling in Regina Metro. Co., LLC v. N.Y. State Div. of Housing and Community Renewal, Nos. 1-4 (Apr. 3, 2020). New York’s rent control law is infamously labyrinthine