Last we checked in, the U.S. District Court for the District of Hawaii has granted the Hawaii Attorney General’s request to hold an in-person hearing on the plaintiffs’ motions for preliminary relief in the case challenging Governor Ige’s COVID-19 related orders (including travel quarantine). Unfortunately, that meant that those of us not able or
We Join Clint Schumacher For The 50th Episode Of The Eminent Domain Podcast To Talk COVID Takings
We joined friend and colleague Clint Schumacher for the milestone 50th episode of his essential Eminent Domain Podcast.
If you are not already a subscriber and regular listener, you should be. Clint features interesting guests (present company excepted) and listening in is a good way to keep our community together, especially when many of
CA4 (Over Dissent): No Taking When Maryland Outlawed “Rapid Fire Trigger Activators”
OK, takings mavens, what’s your guess on whether a court would conclude there’s been a taking when a state bans “rapid fire trigger activators” (“devices that, when attached to a firearm, increase its rate of fire or trigger activation”)?
Under the law, it is a crime to “manufacture, possess, sell, offer to sell, transfer, purchase
July 22, 2020: “Emergency and Police Power: Property Claims in Times of Crisis” (ABA Webinar)
Please plan on joining us on Wednesday, July 22, 2020, at 1pm ET (10am PT) for a long-form program on “Emergency and Police Power: Property Claims in Times of Crisis.”
Our speakers are Professors Craig Konnoth (Colorado) and John Nolon (Pace), and one of the lawyers on the forefront of the nationwide legal
SDNY: No Taking For NY’s Eviction Moratorium (It’s Temporary, And You Invited Them In Landlords)
As we noted here, property owners sued the New York governor asserting that one of his emergency measures to respond to the coronavirus crisis (a suspension of eviction proceedings) is a taking.
Yesterday, the District Court denied the plaintiffs’ motion for summary judgment, and entered summary judgment in favor of the governor. Order Denying
Cert Denied In Police Power Takings Case (Lech v. Greenwood Village)
The Supreme Court today declined to review a Tenth Circuit decision that held a municipality could not be liable for a taking when its police officers pretty much destroyed a house in the course of dislodging a suspect who had holed up there.
Along with our colleague Bill DeVinney, we filed an amicus brief in
Hawaii AG: For The Hearing At Which I Will Argue That Indoor In-Person Gatherings Are Dangerous, Let’s Gather Indoors In-Person!
Here’s the latest in the remaining federal court challenge to Hawaii Governor David Ige’s coronavirus-related series of orders which, among other things, suspended a wide range of statutes, ordered activities deemed “nonessential” to stop or be limited, imposed a two-week self-quarantine on interisland, mainland, and international travelers, effectively shut down one of the main engines
Video: “Lockdown, Testing and Tracking: Are They Really Legal?” (A Look At Hawaii’s COVID Response)
Here’s the recording of our webinar from earlier this week, in which we and fellow Honolulu lawyer Jeff Portnoy did our best to address some of the many questions that have arisen during the coronavirus shut-down.
Jeffrey Portnoy and Robert Thomas talked about what we can expect as the state and counties slowly lift
One Left: Lawsuit Challenging Hawaii Gov’s COVID Orders Voluntarily Dismissed … And Other Developments
Important developments in the two lawsuits that are on file challenging Hawaii Governor David Ige’s emergency proclamation and myriad supplemental proclamations.
First, we were all set to post the briefs and summarize the arguments for tomorrow’s scheduled U.S. District Court hearing on a motion for preliminary injunction in the first case when earlier today, the
Federal Court To USA In Hawaii Quarantine Challenge: Explain Why You Filed P&I Right To Travel Amicus, When Plaintiffs Didn’t Raise P&I Right To Travel In The Complaint
Yesterday, in the second of two cases that we’ve been following (both of which are in the U.S. District Court for the District of Hawaii, and are challenging the Hawaii Governor’s coronavirus-related shutdown orders for a variety of reasons, see For Our Rights v. Ige (assigned to Judge Watson) and Carmichael v. Ige (assigned to