Government Inaction Can’t Give Rise to a Taking, Federal Circuit Holds
On August 30, 2019, Bench Creek Ranch, LLC, owned by Paul Plouviez, sued the United States in the U.S. Court of Federal Claims, seeking over $800,000 in just compensation for the taking of the Ranch’s water rights in federal land covered by Bench Creek’s grazing...
Third-Party Beneficiary & Implied-In-Fact Contracts
In Fox Logistics & Construction Co. v. United States, No. 18-139C (September 25, 2019), the plaintiff, a subcontractor, alleged that the Government had breached its duty of good faith and fair dealing under an Air Force contract for construction of the Hindand Air...
Are Expert Reports Really Hearsay? It’s time for a Fresh Look at the Admissibility of Expert Reports
For trial witnesses offering opinion testimony under Federal Rules of Evidence 702, 703, or 705, Rule 26 of the Federal Rules of Civil Procedure requires the witness to prepare and disclose to the opposing counsel a written report that contains a complete...Can zealous advocacy and the duty of candor be reconciled?
Attorneys want to win their cases for their clients—a goal encouraged by clients everywhere, including the United States when it is a client of the Department of Justice. But unless care is exercised, that duty of zealous representation can slip into violating the...
Your Guide on How to Protect Your Rights in Federal Takings and Inverse Condemnation Actions
Are you facing a taking from the government? Need to understand what a taking is and what you can do about it? Read our Takings Law Guide.