Marzulla Law Blog
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...
Can I Pay My Fact Witness? Section 201(d) Says Maybe Yes
For firms that regularly litigate in the Court of Federal Claims, the question of compensating fact witnesses is not theoretical—it is a practical concern. Organizing a case often depends on the cooperation of former employees, contractors, and third parties who must...
Q&A: A Conversation with Legal Intern Adella Daigle
What do you particularly enjoy about working at Marzulla Law? Marzulla law is a small team of incredibly intelligent individuals, and it is beyond inspiring to see them take on cases collaboratively and passionately. As a third-year undergraduate student at the...
The Intersection Between Contract and Taking Claims in the Court of Federal Claims
The U.S. Court of Federal Claims recently addressed a dispute arising out of the halted construction of the southern border wall. The factual setting is straightforward, but the outcome underscores a critical point for property owners. Even where government-owned...
Frozen Federal Grants Are Contract Claims Within the CFC’s Tucker Act Jurisdiction
Recently the U.S. Court of Appeals for the Fourth Circuit issued a significant decision in Sustainability Institute v. Trump, vacating injunctions that had ordered the federal government to restore access to dozens of previously awarded federal grants. The decision...
Marzulla Law Intern Spotlight: Adella Daigle
We are happy to give a ‘chilly’ welcome to our new intern, Adella Daigle, whose start date was delayed due to the massive snow storm this week in Washington, DC. Adella is an Environmental Studies student at the University of Colorado Boulder, where she expects to...
Federal Circuit Affirms Takings Liability for Property Owners in Flooding Case
In a significant and long‑awaited decision for property owners affected by government‑induced flooding, the U.S. Court of Appeals for the Federal Circuit has affirmed that the federal government is constitutionally required to compensate upstream landowners whose...
When Good Intentions Go Too Far, and Violate Constitutional Rights
In 2024, Marzulla Law was retained by Reven Pharmaceuticals to bring a takings suit against the federal government in the U.S. Court of Federal Claims, challenging as unconstitutional in violation of the Fifth Amendment, confiscatory actions taken by the U.S....
No COVID Exception to the Takings Clause: Eleventh Circuit Vindicates Beachfront Owners in Major Physical Takings Decision
In a significant victory for property owners—and an important reaffirmation of Fifth Amendment protections—the Eleventh Circuit Court of Appeals has held that Walton County, Florida effected a compensable physical taking when it barred beachfront landowners from...
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.