Here’s what we’re reading today. Some related to the lockdown, some not:
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
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
Here’s the latest in a case we’ve been following since it was filed just a couple of weeks ago.
This is the one where “Friends of Danny Devito” (no, not that Danny Devito) sued the Pennsylvania governor challenging shut down orders under a variety of theories. Including a takings claim, of course.
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
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:
This is mostly for our 808 sisters and brothers, but the rest of you might also find it interesting as well, because it is a Chief Justice of a state supreme court talking directly (to a lawyer-interviewer) about the measures which the third branch of state government is undertaking during lockdown.
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
Even if the world were open today, the doors to most Hawaii state, county, and city offices would still be locked. Because today is the day that Hawaii celebrates Good Friday.
Yes, Good Friday is an an official state-sanctioned holiday in the 808 area code, so we’re reposting our annual recounting of how it
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
