Appellate law

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We’ve been following the ongoing efforts to settle the Clean Water Act case involving the County of Maui with some amusement. 

Why, you ask? Part of it is that we like municipal law. (Perhaps sad, but true.) But we’re amused mostly because the case’s current posture illustrates the dual principles of “be careful what you

We’re in California, where we’re playing Lincoln Lawyer for a few days because in its infinite wisdom, the utility company has preemptively shut off power for one week due to the threat of wildfire inverse condemnation lawsuits. We’re actually playing Chevy Tahoe Lawyer, because we’re literally working out of a truck since that’s

This one is a break from our usual programming because it involves … insurance law. Specifically the law of “bad faith.”

We highlight the case because we represent the prevailing petitioner. (See, we don’t just do property appeals.) And come on, everyone should be interested in insurance law. Especially the law of how health insurers

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Reading through the opinion of the Supreme Court of the Philippines in City of Manila v. Roces Prieto, No. 221366 (Aug. 29, 2019), there is a lot there that will look familiar to U.S. lawyers, specifically U.S. eminent domain lawyers.

Viz.: It is up before the Court on a petition for certiorari, there

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Here’s the amici brief we are filing today in support of the Petitioner in a case we’ve been following, Smyth v. Conservation Comm’n of Falmouth, No. 19-223 (cert. petition filed Aug. 20, 2019). 

The Massachusetts Court of Appeals held that a judge, not a jury, determines Penn Central takings questions, and that the

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Today’s post is kind of long, but we think the opinion is well worth your time. 

NGA Preliminary Injunctions

Regular readers know that we’ve made no secret of our disapproval of the prevailing practice in federal courts of using preliminary injunctions to allow private for-profit pipelines to grab immediate pre-condemnation possession of property using the

A great result for colleague Carolyn Elefant, who represents property owners in a case and issue we’ve been following

This is one of those Natural Gas Act pipeline cases. Not on the issue of immediate-possession-by-injunction (we’ll have the latest development in that chapter very soon), but on the administrative law side, involving FERC’s

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You overwhelmingly asked for Nashville, and we’re bringing it to you!

Get ready, and hold your place now: here’s the list of programs and speakers for the 36th Annual ALI-CLE Eminent Domain and Land Valuation Litigation Conference, to be held at the Downtown Nashville Hilton, January 23,- 25, 2020. Two-and-a-half days with top-notch national