Marzulla Law Blog
Courthouse Steps Oral Argument Teleforum: PennEast Pipeline LLC v. New Jersey
Great discussion on April 29, 2021, hosted by the Federalist Society on the PennEast Pipeline eminent domain case. If you wish read more and listen to the recorded teleforum, please click here.
Constructive Notice of Claim Enough to Start the Statute of Limitations Running
One thing that any litigant in the U.S. Court of Federal Claims should always remember is that, unlike other courts including federal district courts, in this Court the statute of limitations is jurisdictional and can be raised any time in the litigation, even on...
Fact Witness Disclosure Deemed Timely Two Years After Fact Discovery Closed
Following a year of fact discovery in a patent infringement case involving medical devices, University of South Florida, Board of Trustees v. United States, the parties commenced expert discovery. During the deposition of one of the Government’s experts, the witness...
Water for Irrigation vs. Fish Protection? Look to the Statute for the Answer
The Twitchell Dam and Reservoir is located in southern San Luis Obispo County and northern Santa Barbara County in California on the Cuyama River. Two environmental groups, the San Luis Obispo Waterkeeper and the Los Padres Forest watch sued the U.S. Bureau of...
VIDEO: Federal Takings Litigation: Your Options If the Government Has Claimed Rights to Your Property
What is a federal taking? Should you talk to a takings attorney? This short video answers this question and explains your rights and options when faced with a federal taking. If the government has claimed the rights to your property, it is important to note...
Save the Date! Washington, DC and LA INBLF Joint (Virtual) Chapter meeting set for Thursday, November 19, 2020 at 12:30 p.m. ET – 1:30 p.m. ET.
Google This: President of the LA Chapter of INBLF, Jim Mulcahy, who is a nationally recognized attorney for his work in handling in antitrust, unfair competition, and distribution matters, will be on hand to discuss the massive lawsuit recently filed by the U.S....
The EPA at 50 Featured at the Federalist Society 2020 Virtual National Lawyers Convention (Nov. 9-13, 2020)
Terrific debate on the EPA to be featured at the upcoming Federalist Society Lawyers Convention— The EPA Turns 50: A Debate on Environmental Progress and Regulatory Overreach on November 9, 2020 at 12:30 p.m. – 1:45 p.m. The panelists include – Ms. Susan Bodine,...
Courthouse Steps Oral Argument Teleforum: U.S. Fish and Wildlife Service v. Sierra Club
Yesterday, the U.S. Supreme Court heard arguments in U.S. Fish and Wildlife Service v. Sierra Club, an important case involving the Government’s use of the deliberative process privilege (Exemption 5) to avoid producing documents in response to a request made under...
Discovery Relevant and Proportional to the Needs of the Case
Any discovery in a lawsuit in federal court, under Rule 26(c)(1), must concern only matters “relevant to any party’s claim or defense and proportional to the needs of the case.” Relevancy is broadly defined and is generally considered a less useful test than...
Roger Marzulla Comments on Google Antitrust Lawsuit
Roger Marzulla was asked by Bloomberg Law to comment on the selection of Department of Justice attorney, Kenneth Dintzer, to lead the federal government’s antitrust lawsuit again Google. Marzulla praised the selection of Dintzer, but noted that his appointment as lead...
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.