The latest cert petition from Michael Berger, this time involving procedural due process and takings.
Here are the Questions Presented:
The City of Dana Point “red tagged” Petitioner’s motel and then had a receiver appointed to oversee its rehabilitation without ever providing notice of the hearing. Thereafter, it set the property for a
A short one (unpublished) from the U.S. Court of Appeals for the Sixth Circuit in a Tyler taking case (an issue that seems like it is on a lot of courts’ minds right now).
In Wayside Church v. Van Buren County, No. 24-1598 (Oct. 6, 2025), the court affirmed the district court’s certification of
In a case we’ve been following for what seems like forever, the Hawaii Supreme Court has issued an opinion in Maunalua Bay Beach Ohana 28 v. State of Hawaii, No. SCWC-19-0000776 (Sep. 17, 2025), holding that littoral property owners are owed nothing for the temporary regulatory taking of small portions of accreted beach.
Continue Reading Hawaii Supreme Court: Beachfront Property Is Worthless
Here’s a cert petition in a case we’ve been following.
This is a water fight in California, and it asks a fundamental question: is the right to beneficial use of water a property right? The Federal Circuit held no, the federal government possesses that right, not these owners.
Continue Reading New Cert Petition: Are Water Rights “Property?”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
Who likes paying a lot for prescription medications? Anyone?
Oregon sure didn’t like it, and it was going to do something about it. In 2018, it adopted a statute the “Prescription Drug Price Transparency Act,” which requires manufacturers to report to the State information about costs, revenues, and prices of certain prescription drugs. The Act
Check out the U.S. Court of Appeals for the Ninth Circuit’s opinion in Garza v. Woods, No. 24-1064 (Aug. 25, 2025).
The court concluded that Arizona’s abandoned property statute is not a taking, because the State was not exercising or claiming some kind of ownership of abandoned property (as in those cases where abandoned
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