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 Referred to simply as “Section 1500” by seasoned practitioners, the provision has been called “outdated and ill-conceived,” “an anachronism,” and “an...
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...
Courthouse Steps Oral Argument Teleforum: PennEast Pipeline LLC v. New Jersey
An informative discussion occurred on April 29, 2021 in a teleforum hosted by the Federalist Society on the PennEast Pipeline eminent domain case. The teleforum featured the Hon. Paul D. Clement, Partner, Kirkland & Ellis LLP and Roger J. Marzulla, Partner at the...
Fact Witness Disclosure Deemed Timely Two Years After Fact Discovery Closed
Following a year of fact discovery in a patent infringement case involving medical devices, University of South Florida, Board of Trustees v. United States, the parties commenced expert discovery. During the deposition of one of the Government’s experts, the witness...
VIDEO: Federal Takings Litigation: Your Options If the Government Has Claimed Rights to Your Property
What is a federal taking? Should you talk to a takings attorney? This short video answers this question and explains your rights and options when faced with a federal taking. If the government has claimed the rights to your property, it is important to note...
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.