News & Analysis as of

Personal Property Due Process

Ballard Spahr LLP

Supreme Court:  Innocent Owners of Forfeited Personal Property Must Wait

Ballard Spahr LLP on

On May 9, in Culley et al. v. Marshall, the Supreme Court ruled that the U.S. Constitution does not require a preliminary hearing in civil forfeiture cases involving personal property for claimants to raise the “innocent...more

Epstein Becker & Green

Matters of Time - SCOTUS Today

Epstein Becker & Green on

The U.S. Supreme Court decided two cases yesterday, in each of which timing played a decisive role in the outcome. These cases did not produce the unanimity that has characterized most of the Court’s decisions so far this...more

Dorsey & Whitney LLP

The Supreme Court Update - May 9, 2024

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued two opinions: Culley v. Marshall, No. 22-585: This case addresses the due process rights that apply to civil forfeiture proceedings. Petitioners in this case each...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

Weintraub Tobin

Federal Circuit Holds IPR Proceedings On Pre-AIA Patents Is Not An Unconstitutional Taking Under The Fifth Amendment

Weintraub Tobin on

In CELGENE CORPORATION v. PETER, the Federal Circuit recently affirmed the PTAB’s decisions finding appealed claims obvious. However, more importantly, the Federal Circuit also held that the retroactive application of IPR...more

Best Best & Krieger LLP

City’s Ability to Keep Firearms Away From Dangerous Individuals Affirmed

Ninth Circuit Determines City Did Not Have to Return guns to Wife Because Husband Posed Threat - A city’s ability to protect public safety by preventing dangerous individuals from accessing firearms was affirmed last week...more

Jackson Walker

Are Patents Property?

Jackson Walker on

Most people think of “intellectual property” as a type of property. This makes sense because, well, “property” is in the name. However, as lawyers know all too well, the law is never that simple. As it turns out, at least one...more

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