Blog

Overworked and Underpaid

In 2012, Stephanie Mercier and Audricia Brooks sued in the U.S. Court of Federal Claims on behalf of all advanced practice registered nurses and physician assistants who worked for the Department of Veterans Affairs. Their complaint alleged that the VA’s national...

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A Lawsuit Within a Lawsuit

Under the Uniform Relocation Act, a prevailing plaintiff in a taking case in the U.S. Court of Federal Claims may recover reasonable attorneys’ fees and cost.  But all too often, trying to recover those rightfully incurred attorneys’ fees and costs results in more...

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Form Over Substance

Sara Makowiec began her Master’s degree at Rennselear Polytechnic Institute on January 23, 2012. The next day, she signed an agreement with Benet Laboratories, part of the U.S. Army Armament Research, Development and Engineering Center.  The agreement was entered into...

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Temporary or Not, It’s a Taking

Five landowners owning 14 parcels of land brought a takings case in the U.S. Court of Federal Claims alleging that the United States had caused a temporary taking of their property when the Surface Transportation Board, acting under the National Trails System Act,...

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No Strike Zone

Hanover Insurance Company and Lodge Construction, Inc. brought contract claims under the Contract Disputes Act in the U.S. Court of Federal Claims.  In response, the Government originally filed answers raising no affirmative defenses or counterclaims. Later the...

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No Second Chances

On March 19, 2018, the U.S. Court of Federal Claims gave the attorneys for prevailing plaintiffs in a rails-to-trails Fifth Amendment takings case a severe haircut on their attorneys’ fee petition.  (See earlier blog entitled Judicial Hair Cut). At issue before the...

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What Makes Land “Critical Habitat?”

Under the federal Endangered Species Act, the U.S. Fish and Wildlife Service is authorized to designate land (or water) that a species occupies, i.e., lives (or could naturally live or grow) as “critical habitat” for an endangered species.  16 U.S.C. § 1533...

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The Supreme Court Welcomes Dusky Gopher Frogs

On January 22, 2018, the U.S. Supreme Court agreed to hear a challenge to the U.S. Fish and Wildlife Service’s designation of 1,500 acres of private forestry land in Louisiana as critical habitat for the dusky gopher frog, an endangered species.  Weyhauser v. U.S....

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Smoke and Mirrors

On June 21, 2017, Plaintiff, Acme Worldwide Enterprises, Inc., filed a patent infringement case against the U.S. Army and the U.S. Air Force in the U.S. Court of Federal Claims.  Industrial Smoke & Mirrors, Inc., the manufacturer of a machine gun recoil simulator...

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