Court Approves 5% ($185M) Contingent Attorneys Fee Award
The U.S. Court of Federal Claims has often been less than generous in its awards of attorneys’ fees, and rarely awards the full amount of fees petitioned for. Recently, however, the Court in Health Republic Insurance Company v. United States, awarded the full...
Procedural Trap for the Unwary Taking Litigant
Few procedural rules facing litigants in the U.S. Court of Federal Claims are as badly maligned as 28 U.S.C. § 1500. Referred to simply as “Section 1500” by seasoned practitioners, the provision has been called “outdated and ill-conceived,” “an anachronism,” and “an...
Are Expert Reports Really Hearsay? It’s time for a Fresh Look at the Admissibility of Expert Reports
For trial witnesses offering opinion testimony under Federal Rules of Evidence 702, 703, or 705, Rule 26 of the Federal Rules of Civil Procedure requires the witness to prepare and disclose to the opposing counsel a written report that contains a complete...
IRS Loses Motion to Dismiss Whistleblower Contract Claim
John Doe served as a confidential informant for the IRS in a criminal payroll and corporate income tax evasion investigation. Doe claims that IRS agents promised to pay him a reward of 15% of any taxes collected because of information he provided to them about his...
Government Inaction Can’t Give Rise to a Taking, Federal Circuit Holds
On August 30, 2019, Bench Creek Ranch, LLC, owned by Paul Plouviez, sued the United States in the U.S. Court of Federal Claims, seeking over $800,000 in just compensation for the taking of the Ranch’s water rights in federal land covered by Bench Creek’s grazing...
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.