Justice Kennedy: Takings in the Balance

During his three decades on the Supreme Court, Justice Kennedy often provided the crucial swing vote in the Court’s major Fifth Amendment takings decisions. Justice Kennedy thus played a pivotal role in developing modern takings law. Emergence of modern takings law...

Knocking on the Supreme Court’s Door

One of the latest casualties out of the Federal Circuit is the May 7, 2018 decision in Love Terminal Partners, L.P., and Virginia Aerospace, L.P. v. United States, No. 16-2276, authored by Judge Dyk, which reversed a decision by the U.S. Court of Federal Claims...

Case Update: Houston Flooding Cases

In a recent article, we reported on the massive filing of hundreds of just compensation cases in the Court of Federal Claims arising from flooding associated with Hurricane Harvey hitting Houston in August 2017. Chief Judge Susan Braden has consolidated all of the...

The Mojave Desert Tortoise Moves In

In the 1980s, James Doyle, a successful real estate developer, purchased over 2,440 acres of land in St. George, Utah and invested large amounts of money to plan development that included luxury homes and nine golf courses. In the early 1990s, the U.S. Fish and...

Location, location, location

Attorney Robert J. Gaudet was engaged to help conclude litigation pending in the U.S. Court of Federal Claims. In the fee agreement with Gaudet, Plaintiffs, Manuel Almanza, etc., agreed to pay him fees equal to the amount awarded by the Court for his services. After...