We’re deep in the throes of winter, and spring training won’t start for another month, but for those of you who are fans of the National Pastime — particularly if you are like us and a child of 1970’s baseball — then be sure to check out the U.S. Court of Appeals for the First Circuit’s recent opinion in Clemente Properties, Inc. v. Pierluisi-Urrutia, No. 23-1922 (Jan. 16, 2026).
Continue Reading CA1: Government’s Use Of Roberto Clemente Trademark Isn’t A Categorical Physical Invasion Taking
Here’s the latest in an issue we’ve been following.
In Alban v. United States, No. 23-1363 (Dec. 22, 2025), the U.S. Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims’s judgment concluding that the failure of the Corps of Engineers to properly operate two dams, which resulted in upstream
In Gould v. Interface, Inc., No. 23-12883 (Oct. 2, 2025), the U.S. Court of Appeals for the Eleventh Circuit was dealing with a claim for wrongful termination of a tech CEO.
So what’s the case doing here? Skip forward to page 12 of the slip opinion, where the court deals with an oft-occurring argument:
Check this out: a significant and important decision from the U.S. Court of Appeals for the Eleventh Circuit in an issue we’ve been following.
In Alford v. Walton County, No. 2021-13999 (Nov. 17, 2025), the unanimous panel concluded that the county’s Co-19 restrictions, which closed all beaches (public and private) in the county
In State ex rel. Boggs v. City of Cleveland, No. 2025-Ohio-5094 (Nov. 13, 2025), the Ohio Supreme Court held that the City of Cleveland could be liable for inversely condemning land, even though that land is not in the City of Cleveland.
The city claimed that in order to be liable for inverse condemnation
When government enters the pharmaceutical market as a participant, it naturally changes the dynamics. But when Congress does this, is it a taking?
Medicare Part D is a voluntary prescription drug benefit program for Medicare beneficiaries. When Congress first created Part D in 2003, it barred the Centers for Medicare and Medicaid Services (“CMS”) from
Here’s the latest in a case we’ve been following.
The federal government has asked (and been granted), an extension of time in which to file a cert petition in the Darby case.
That’s the one in which the U.S. Court of Appeals for the Federal Circuit allowed a claim that the federal government is
Here’s one from the U.S. Court of Appeals for the Federal Circuit, involving ERISA (yikes!), which is the comprehensive federal regulatory framework for employer-provided pension plans, and takings.
In King v. United States, No. 23-1956 (Aug. 8, 2025), pensioners challenged Congress’s 2014 reduction of benefits as a taking, alleging both physical and regulatory theories.
As you already know, registration is also underway for the 22d Brigham-Kanner Property Rights Conference, October 23-24, 2025, at the William and Mary Law School in Williamsburg, Virginia.
The Conference is expressly designed to get legal academics and the nation’s best dirt law practitioners in the same room, discussing how legal scholarship and law
Here’s the latest in an issue we’ve been following.
In Fletcher Properties, Inc. v. City of Minneapolis, No. A23-0191 (July 30, 2025), the Minnesota Supreme Court held that the city barring owners from refusing to rent residential properties to a prospective tenant because the applicant is on public assistance is not a taking.
What