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...
U.S. Court of Federal Claims James Madison Award Presented to Nancie Marzulla
(Washington, D.C. – October 15, 2020) Nancie G. Marzulla, a founding partner of Marzulla Law LLC, today received the U.S. Court of Federal Claims James Madison Award at the Court’s 31st Annual Virtual Judicial Conference for her “outstanding service to...
Indemnification Agreement No Bar to Plaintiff’s Right to Recover
Pacific Wind, LLC owns a wind farm in Kern County, California, which it leased to a subsidiary of EDF Renewable Energy, Inc. In 2012, the wind farm was sold to PacWind Holdings Lessor Trust and then leased back to EDF for a 20-year term. After placing the wind farm in...
Render unto the Corps What is Due for the Caesar Creek Project
In 1970, the United States Army Corps of Engineers and the Ohio Department of Natural Resources entered into a flood control and water supply contract for the Caesar Creek Project, which is located at a tributary of the Little Miami River in Ohio. The Caesar Creek...
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.