Court of Federal Claims | Federal Circuit

In Arkansas Game & Fish Comm’n v. United States, No. 2009-5121 (Mar. 30, 2011), a case in which the Game and Fish Commission asserted that the Corps of Engineers’ deviations from a dam’s operating plan caused increased flooding and resulted in the destruction of trees, the U.S. Court of Appeals for the Federal Circuit…

This just in: the U.S. Court of Appeals for the Federal Circuit has issued an opinion in Klamath Irrigation District v. United States, No. 2007-5115 (Feb. 17, 2010), a case we’ve been watching.

I’m at the ALI-ABA conference on eminent domain in Coral Gables, Florida, so won’t have the chance to digest and summarize…

Here’s an unusual takings case for you, and a decision that is worth reading, if only for its detail about wartime takings and clandestine contracts with the government. Besides, any court opinion that references “Maxwell’s Smart’s shoe phone” earns a spot on the to-read list, no?

In Doe v. United States, No.

In a case with “a lengthy procedural history spanning the past three decades and involving litigation in various federal courts,” in Innovair Aviation Ltd. v. United States, No. 2010-5025 (Jan. 25, 2010), the United States Court of Appeals for the Federal Circuit held that the Court of Federal Claims had no subject matter jurisdiction…

In Navajo Nation v. United States, No. 2010-5036 (Jan. 10, 2011), the U.S. Court of Federal Claims concluded that the Nation’s claim that a development moratorium resulted in a taking was barred by the six year statute of limitations.

The Nation asserted that a 1934 federal statute created a property interest in an area…

We’re going to wrap up 2010 with a post on our favorite topic, inverse condemnation. While the Ninth Circuit ended the year badly by making hash of both Penn Central and Palazzolo in a rent control case, other federal courts of appeals aren’t so predictably off-key. The Federal Circuit, which hears appeals from the…

In CRV Enterprises, Inc. v. United States, No. 2009-5100 (Nov. 17, 2010), the U.S. Court of Appeals for the Federal Circuit concluded that the EPA’s installation of a “log boom” in the Old Mormon Slough in Stockton, California as part of the remediation of a Superfund site was not a physical taking…

Last week, the U.S. Supreme Court heard oral arguments in United States v. Tohono O’odham Nation, No. 09-846 (cert. granted Apr. 19, 2010), the case involving the scope of the Court of Federal Claims’ subject matter jurisdiction. The transcript of the argument  is posted here, and in a new feature, the Court has…

Here are the latest briefs in United States v. Tohono O’odham Nation, No. 09-846, (cert. granted Apr. 19, 2010), the case involving the subject matter jurisdiction of the Court of Federal Claims currently awaiting argument in the U.S. Supreme Court. Disclosure: we filed an amicus brief supporting the Tohono O’odham Nation in the case.…

Last week, we filed an amicus brief in United States v. Tohono O’odham Nation, No. 09-846, (cert. granted Apr. 19, 2010). Why is a case involving the Indian Tucker Act and the technicalities of the Court of Federal Claims’ subject matter jurisdiction showing up in the pages of this blog? In addition to being…