Court of Federal Claims | Federal Circuit

The San Diego area must be on the karmic radar this week, and here’s the latest: a Federal Circuit decision in a case involving the U.S. Border Patrol’s activities on private land on the border with Mexico. In Otay Mesa Property, L.P. v. United States, No. 2011-5002 (Jan. 25, 2012), the court held that…

SCOTUSblog has listed a case we’ve been following, Arkansas Game & Fish Comm’n v. United States, as its “petition of the day” (cert petitions identified as “raising one or more questions that have a reasonable chance of being granted in an appropriate case”). SCOUTSblog posts the cert petition and the amicus briefs in support…

Count us in the “not surprised” column: the property owners have sought a panel rehearing or a rehearing en banc from the Federal Circuit in CCA Associates v. United States, No. 2010-5100 -5101 (Nov. 21, 2011).

The petition for rehearing asserts

If any case cried out for en banc review, this is the one.

Here’s the latest in the Casitas case from the U.S. Court of Federal Claims. Casitas Municipal Water Dist. v. United States, No 05-168L (Dec. 5, 2011). This case highlights the importance of identifying the “property” right alleged to have been taken in these type of cases:

This case is before the court following a…

From today’s Bloomberg, a report about the two recently-filed lawsuits alleging the federal government’s takeover of AIG in 2008 was unconstitutional. One suit was filed in federal court in New York against the Federal Reserve Bank of New York, the other, seeking $25 billion in just compensation, was filed in the U.S. Court of…

As reported yesterday by the NY Times :

Maurice R. Greenberg, the former chief executive of the American International Group, sued the United States Treasury and the Federal Reserve Bank of New York on Monday, contending that their takeover of the insurer in the fall of 2008 was improper and that the Fed…

Here’s the latest from the U.S. Court of Appeals for the Federal Circuit (the court that hears appeals in most regulatory takings claims against the federal government), CCA Associaties v. United States, No. 2010-5100 -5101 (Nov. 21, 2011).

This is an appeal of a Court of Federal Claims decision holding that two federal statutes…

This has been a pretty good week for my St. Louis colleague Thor Hearne.

First, he obtained summary judgment in the Court of Federal Claims for the property owners in a rails-to-trails case, Dana R. Hodges Trust v. United States, No. 09-289 L (Oct. 25, 2011). Next, his Cardinals come back from the…

Here’s a worth-reading decision from the U.S. Court of Federal Claims (the court that has exclusive jurisdiction to hear major regulatory takings claims agains the federal government), litigated and won by colleague Mark (Thor) Hearne, II.

In Dana R. Hodges Trust v. United States, No. 09-289 L (Oct. 25, 2011), the CFC concluded…