News & Analysis as of

Just Compensation Coronavirus/COVID-19

Jenner & Block

Client Alert: Federal Circuit Issues Important Takings Decision on Eviction Moratorium

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In a significant Takings Clause opinion, Darby Development Company, Inc. v. United States, the Federal Circuit sided with landlords who argued that the CDC’s eviction moratorium constituted a physical taking of their...more

Warner Norcross + Judd

Trends in the Term: Pending Decisions Distinguishing the Michigan Supreme Court’s 2023-2024 Docket

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Suspense builds as the end of the Michigan Supreme Court’s 2023-2024 term approaches quickly, with scores of argued appeals still unresolved. The 40 appeals that remain undecided reveal interesting trends in the court’s...more

Nossaman LLP

Businesses Shut Down by COVID-19 Regulations May Not Bring Inverse Condemnation Claims

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For the first time, a California state appellate court has decided whether businesses may bring takings claims against the government due to COVID-19 shutdown orders. In 640 Tenth, LP v. Newsom, the California Court of Appeal...more

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Epstein Becker & Green

#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized Labor - Employment Law This...

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It's #WorkforceWednesday! This week, we look at the increase in mandatory vaccination policies, a new rule for tipped workers, and a Supreme Court decision against organized labor. Employers Implement Mandatory Vaccination...more

McDonnell Boehnen Hulbert & Berghoff LLP

If the Devil of the WTO IP Waiver Is in the Details, What Are the Details?

While the details of the WTO patent waiver have not been determined (or more properly negotiated), it is important to consider the structure of the international trade regime in which the waiver will operate and the...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 2 - January 2021

Welcome to the second issue of the 2021 edition of Unprecedented. The first week of the Biden administration already has represented a shift to the federal government's approach to the COVID-19 pandemic. In addition to...more

Moritt Hock & Hamroff LLP

Pay Me What I Would Have Earned: The Impact Of COVID-19 Shutdown On The Legal Measurement Of Future Lost Profits

As New York State moves forward with its phased reopening and the state and federal courts resume more regular activity, current commercial litigants or parties contemplating litigation may be curious about how the economic...more

Hicks Johnson

Government-Mandated Closures: Who is Liable If Businesses Fail?

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Introduction - As U.S. companies struggle with government-mandated closures—including re-openings followed by rollbacks in states like Texas, Florida, and California—a growing number of businesses, especially in the...more

Nossaman LLP

Update on COVID-19 Takings Cases

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As you may recall, it wasn’t too long after the Governor issued his executive order mandating the closure of certain businesses in California that the first takings lawsuit was filed. (See our coverage of Gondola Adventures,...more

King & Spalding

Constitutional Limitations On Emergency Authority

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Lessons For The COVID-19 Pandemic Landscape - INTRODUCTION - Over the last two months, there has been a flurry of federal, state, and local government action to stem the spread of COVID-19. These efforts have included...more

Seyfarth Shaw LLP

Courts Consider the Constitutionality of PPP Loans Under the CARES Act, Government Shutdown Orders, and Signature Requirements for...

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As the pandemic continues, courts are addressing COVID-19-related constitutional challenges. The most recent cases address the eligibility requirements for Paycheck Protection Program loans (“PPP” loans), gubernatorial orders...more

Holland & Knight LLP

Eminent Domain, Police Power and Pandemics: When Does the Government Have to Pay?

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It's remarkable when you stop to think about all the things the American public has agreed to do because a governor or other official issues an order to do so. During the coronavirus (COVID-19) crisis, mayors and governors...more

Spilman Thomas & Battle, PLLC

COVID-19 and Governmental Closures and Seizures Without Compensation? Condemnation or Reverse Condemnation? What Can You Do?

In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we are seeing more and more questions about the limits of...more

Faegre Drinker Biddle & Reath LLP

COVID-19 and the Declaration of Taking Act: The Federal Government’s ‘Take Now, Pay Later’ Eminent Domain Power

When the federal government takes property through its eminent domain power, the Constitution requires that it pay just compensation. The Constitution, however, does not require the government to pay before it takes...more

Greenbaum, Rowe, Smith & Davis LLP

Governor Murphy Signs Executive Order 113 Authorizing the Taking of Private Property to Combat the COVID-19 Crisis

On April 2, 2020, New Jersey Governor Phil Murphy issued Executive Order 113, which authorizes the New Jersey State Director of Emergency Management, in consultation with the Commissioner of the New Jersey Department of...more

Carlton Fields

Can Governments Commandeer Your Property During COVID-19? California Says Yes

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California this month became the first state to declare a right to commandeer private property to combat the spread of COVID-19. Other states and localities are considering similar emergency measures to take over hospital...more

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