Welcome to 'Just Compensation'
Eminent Domain: First Principles, Kelo, and In Service of Infrastructure Buildout
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
Bar Exam Toolbox Podcast Episode 140: Listen and Learn -- Regulatory Takings
#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized Labor - Employment Law This Week®
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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