Marzulla Law Blog
Is Ripeness in the Context of Taking Claims Ripe for Supreme Court Review
Once the government has inflicted a concrete injury and adopted a definitive position, how many additional procedural obstacles should a property owner be required to overcome before a takings claim is ripe for judicial review? We filed on behalf of the Atlantic Legal...
The Federal Circuit Narrows Class Action Tolling Under the Tucker Act
The Federal Circuit’s recent decision in Kelly v. United States is significant for reasons that extend well beyond its holding that the plaintiffs’ claims were untimely. In reaching that conclusion, the court took the unusual step of expressly recognizing that a...
Wealth Taxation: Is There a Constitutional Limit?
Every generation inherits constitutional questions in factual contexts its predecessors never imagined. The Founding Fathers debated issues regarding tariffs, land taxes, and excise duties—not issues regarding billionaires whose fortunes exceed the gross domestic...
An Interview with Daniel Gomez, New Marzulla Law Partner
Daniel E. Gomez recently joined Marzulla Law as a partner. Daniel has nearly two decades of experience as a litigator representing clients on a wide range of matters and legal areas, including U.S. Court of Federal Claims litigation, breach of trust and other Indian...
Supreme Court Limits Recovery in Tax-Foreclosure Takings Cases, But Leaves Important Questions Open
The Supreme Court issued an important property-rights decision this month in Pung v. Isabella County, a case that tested the limits of the Court’s landmark 2023 decision in Tyler v. Hennepin County. While the Court unanimously rejected a property owner’s attempt to...
8 Ways Practicing Law Before the U.S. Court of Federal Claims Is Unique
Litigants experienced in particular areas of the law, but with no experience in the Court of Federal Claims (CFC), find that including local CFC counsel on their legal team is a wise move. Why? Litigating cases before the U.S. Court of Federal Claims is a unique...
Marzulla Law Intern Spotlight: Alanna Butters
What do you particularly enjoy about working at Marzulla Law? To begin with why I chose this firm, Marzulla Law instantly stood out to me during my internship hunt as the perfect intersection of my goals and my past experiences. My past internship performing...
Federal Circuit Revives Takings Challenge to CDC Eviction Moratorium
In Darby Development Company, Inc. v. United States, the Federal Circuit held that landlords plausibly stated a Fifth Amendment takings claim based on the CDC’s (Centers for Disease Control and Prevention) pandemic-era eviction moratorium. The court reversed the Court...
Court of Federal Claims Finds Takings Liability for Downstream Flooding from Addicks & Barker Releases
In a significant development for property owners affected by government flood-control operations, the U.S. Court of Federal Claims has ruled that the federal government may be liable under the Fifth Amendment for downstream flooding caused by its decision to release...
FTC’s Warning Shot: Don’t Debank Your Customers
In late March, the Federal Trade Commission issued a set of warning letters to major payment processors and financial infrastructure companies addressing the issue commonly referred to as “debanking.” Although the letters are framed as reminders of obligations under...
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.