Court Denies Covid Eviction Moratorium Taking Claim

Court Denies Covid Eviction Moratorium Taking Claim

At the height of the Covid pandemic, with its widespread lockdowns to prevent the spread of infection, the Center for Disease Control put in place a nationwide residential eviction moratorium. In response, 38 landlords and rental property owners, Darby Development...
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...