Here at our law firm, we’re getting ready as one of our colleagues prepares to argue the Supreme Court’s next takings case in a couple of weeks. Yes, this is what we’ve alternatively called the “home equity theft” or the “keep the change” case where government seizes property to satisfy the owner’s tax debt, and
Check out the U.S. Court of Appeals for the Eighth Circuit’s opinion in Pharmaceutical Research and Manufacturers of America v. Williams, No. 21-1731 (Apr. 3, 2023), where the court reinstated a complaint dismissed by the district court for lack of standing.
The Eighth Circuit held that even though the “usual” remedy for a regulatory
We all know by now that the Supreme Court recently has been on a tear about federal statutes of limitations, and is policing up a lot of earlier too-casual language in some of its opinions about whether this SOL or that SOL is “jurisdictional.” In a series of opinions over the last few years, the Court has almost universally confirmed that it used the term rather loosely, and that upon further review, many statutes of limitations are not “jurisdictional” but are “claims processing rules.”
The Court’s 6-3 opinion in Wilkins v. United States, No. 21-1164 (Mar. 28, 2023) is another in a line of decisions so holding. Wilkins involves the Federal Quiet Title Act’s 12-year SOL (see this preview of the issues by our friend and colleague Stephen Davis). The bottom line is that Wilkins concluded the QTA’s SOL is a claims processing rule because Congress did not “clearly state” that the SOL is jurisdictional.
We’ll leave it to you to read the six-Justice majority opinion authored by Justice Sotomayor, and the three-Justice dissent authored by Justice Thomas, because this case is one where our law firm represents a party, the prevailing petitioners. Our colleague Jeffrey McCoy argued the case a couple of months ago (nice job, Jeff!).
Unfortunately, a lot of the reporting on the decision treat it as a wonky, technical issue (which, admittedly, it is), but in so doing regrettably overlook the importance of the case. For the reasons why we think it is very important, read this. And for some of the reporting that gets why the case is important (and which note the somewhat unexpected line up of Justices) see:
The bottom line is that the property owners will get their day in court, and not get tossed out for an arcane, overly-technical reason. And that sounds like a very good thing.
Check this out, a recently-filed cert petition in a case we’ve been following, filed by our friends and colleagues at the Institute for Justice. This one involves an issue we’ve been on top of also, most recently in these two cases (see here and here).
That is, what does the Supreme Court’s description
Here’s the merits brief, filed yesterday in the above-depicted Court by our law firm colleagues, headed by Counsel of Record Christina Martin in Tyler v. Hennepin County, No. 22-166, a case and an issue we’ve been following closely. This is the one, where, as recounted in the petition:
Hennepin County
Check this out, a new article co-authored by a federal judge’s law clerk and lawprof Lior Strahilevitz (Chicago). With the title, “Toward Principled Background Principles in Takings Law” are we going to read it? You bet. (Unlike a lot of new scholarship that we post here, we read this one immediately.)
Here’s the
Most of the time these days, we’re rooting for cert granted. That comes, naturally, from our work pushing cases and issues up to the Supreme Court, looking to correct lower court errors and in the process make some good law. And that usually entails being on the “petitioner” side of things. Cases like Sackett
We were eagerly anticipating 40th American Law Institute-CLE Eminent Domain and Land Valuation Litigation Conference. The 2022 Conference in Scottsdale was one of the first meetings where everyone was back in-person (and was a smashing success), but that conference was early in the game so not everyone could or would attend. But in the past
Join our Pacific Legal Foundation colleagues Jon Houghton, Daniel Woislaw, Kady Valois, and Sam Spiegelman (moderating) tomorrow, Wednesday, February 8, 2023, at 3:00 – 4:00 p.m. ET for a free webinar, “Emerging Issues in Property Rights.”
Here’s the agenda:
Protecting private property rights has been at the heart of PLF’s
We really want you there…
One (nearly) last reminder that there’s still time to register for your space at the 40th ALI-CLE Eminent Domain & Land Valuation Litigation Conference, February 1-4, 2023, in Austin. In the past several years, we have sold out due to the conference room capacity and the conference hotel block.