Here’s the cert petition that along with our colleague Steve Jakubowski we’re filing today in Campbell v. United States, No. 19-___, in which we ask the Court to review the Federal Circuit’s ruling that the plaintiffs in a Court of Federal Claims takings case missed the Tucker Act’s statute of limitations (28 U.S.C. §
Linky Friday: What We’re Reading Today
Here’s what we’re reading today. Some related to the lockdown, some not:
- The Government Must Enact Emergency Tax Laws & Acquire Private Properties Using The Law Of Eminent Domain (Madras Times)
- Despite Federal Ban, Landlords Are Still Moving to Evict People During the Pandemic (ProPublica)
- The Coronavirus Shutdown Lawsuits Are Coming
No TRO In Private Beach Taking-By-Shutdown Case
Unlike a sibling federal court in a similar case (see that court’s TRO order below), a Florida court has declined an emergency motion challenging government officials’ coronavirus-related shut-down and stay away orders.
This is the case we’ve been following in which property owners challenge the local government’s order that they stay off beaches. The difference
Supreme Court Of Virginia Oral Arguments In Important Inverse Case: Must An Owner Allege Loss Of All Access To Plead A Taking?
This morning, the Supreme Court of Virginia heard oral arguments (by telephone) in a case we’ve been following.
This is an inverse case that asks whether less than a total loss of access to a parcel could be taking — did the owner plead enough to put the issue to a jury — and
Amicus Brief: Invocation Of “Police Power” Is Not Dispositive In Takings
Today, along with our colleague Bill DeVinney, we filed this amicus brief in support of the property owners’ cert petition in a case we’ve been following for a while.
Yes, this is the case where the Village police pretty much destroyed a family home in the course of their efforts to dislodge a shoplifter who
Video, Materials And Links From Today’s Webinar, “Safety vs. Freedom: Are There Limits to Lockdowns?”
To all who joined from Hawaii and across the nation, thank you for doing so. As I mentioned during the webinar, here is the video and links to the cases and other materials I spoke about:
- “Emergency does not create power. Emergency does not increase granted power or remove or diminish the restrictions imposed upon
Fed Cir: Patent Infringement Claim Is A Tort, Not A Taking (Nor Is Inter Partes Review)
Today’s Federal Circuit opinion in Golden v. United States, No. 19-2134 (Apr. 10, 2020) is the latest in the post-Oil States cases involving the alleged taking of patents.
Golden asserted three theories:
The complaint alleges the takings occurred by virtue of: (1) the government’s use, manufacture, development, and disclosure of the subject
Private Beach Owners: Closing All Beaches Is A Physical Taking
Here’s yet another complaint alleging that a virus-related order is a taking, this time with an interesting twist (other complaints here, here and here).
The twist is that the plaintiff/property owners (who include former Arkansas governor Mike Huckabee) assert that they are being prevented from using their own residential property. The complaint asserts
Another Takings Challenge To Business Shut Down Order
Here’s the latest complaint challenging the virus-related business shut down orders springing up nationwide. (Other lawsuits are posted here and here.)
This one alleges a host of constitutional violations (and defamation!) after the Connecticut governor banned large gatherings and ordered all restaurants and bars to close, and the New Haven mayor publicly “highlighted” the plaintiff
Fla App: In Valuation Phase Of Inverse Case, Condemnor Has Burden Of Proof
Here’s a short one from the Florida District Court of Appeal where the background might be more relevant to today’s circumstances than the court’s actual holding about which party bears the burden of proof on valuation (and goes first at trial).
First, the decision. In Florida Dep’t of Agriculture v. Mahon, No. 5D19-3102 (Apr.