by Nancie Marzulla | Oct 2, 2019
In the recent Court of Federal Claims decision, McCutchen v. United States, No. 18-1965C (September 23, 2019), the Court rejected a taking challenge to a regulation promulgated by the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) that...
by Nancie Marzulla | Jun 4, 2019
On June 20, 2019, the Supreme Court is expected to decide whether to issue a writ of certiorari in Love Terminal Partners v. United States, No. 18-1062. In 2006, Congress passed the Wright Amendment Reform Act, which codified a five-party agreement among the cities of...
by Nancie Marzulla | Jul 11, 2018
On July 9, 2018, President Trump nominated D.C. Circuit Judge Brett Kavanaugh to serve as a justice on the U.S. Supreme Court. His twelve-year record on the D.C. Circuit gives us some insight into what we can expect if he is confirmed. His analysis and review of...
by Nancie Marzulla | Jul 11, 2018
If Judge Kavanaugh is confirmed by the Senate, he will hear arguments on October 3, 2018, in a key property rights case now pending before the Court, the United States Supreme Court will hear oral argument in Knick v. Township of Scott, No. 17-647, which involves the...
by Nancie Marzulla | Jun 11, 2018
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,...
by Nancie Marzulla | May 24, 2018
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...
