How to Prove You Have a Compensable Property Right

How to Prove You Have a Compensable Property Right

There are two elements to  the taking test employed by the U.S. Court of Federal Claims:  (1) whether the plaintiff has a cognizable Fifth Amendment property interest and (2) whether that property interest has been taken.  The Court recently examined the first prong...
When Should You File a Class Certification Motion?

When Should You File a Class Certification Motion?

Class actions are often considered a favored way of improving judicial economy and efficiency where there are many plaintiffs with similar claims arising out of a single event. But those benefits can be offset by failing to move to certify the class early enough. The...
No “Patch of Heaven” for This Flooded Plaintiff

No “Patch of Heaven” for This Flooded Plaintiff

Whether the flooding of private land results in a judgment of Fifth Amendment taking in the United States Court of Federal Claims depends on what evidence the Plaintiff offers to prove that the Government caused the flooding. The taking case brought by Ministerio Roca...