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By Martin Flumenbaum and Brad S. Karp | May 21, 2024
In 'Brinkmann v. Town of Southold', the Second Circuit addressed whether compensated takings for public use may be challenged as the product of bad-faith or pretextual motives under the Takings Clause of the Fifth Amendment to the U.S. Constitution.
8 minute read
By Sulaiman Abdur Rahman | May 20, 2024
The U.S. Court of Appeals for the Fourth Circuit reinstated a $523,000 jury verdict awarded to Virginia landowners who lost more than 8 acres of land to a gas pipeline construction company invoking eminent domain, reversing a lower court judgment.
3 minute read
By Avalon Zoppo | May 20, 2024
Oral argument rates among the circuits may be affected by the types of cases they hear. For example, the D.C. Circuit, with the highest rate, often weighs complex administrative law issues best addressed through oral argument, said appellate attorney Mark Gidley.
6 minute read
By Riley Brennan | May 20, 2024
"The doctrine was created to protect injured workers and is now being used primarily to hurt them. The doctrine has no need this day and age. We look forward to presenting our arguments to the court," said David B. Pizzica of Pansini and Pizzica Law Group.
4 minute read
By Emily Cousins | May 17, 2024
"I remember one thing they said was when you're setting up a brief, you have to first make the panel care, and then you have to make it seem easy for them," Ben Alter of Jenner & Block said. "These are things that I held onto. The great exposure to the appellate practice set me down the path that I'm on now, which includes a lot of appellate work. I worked on my first case at the Supreme Court this past year, and I ended up clerking on the Second Circuit."
6 minute read
By Amanda Bronstad | May 17, 2024
Plaintiffs attorney Rick Friedman said he planned to petition the Washington Supreme Court to review an appeals court's May 1 decision. "Monsanto claiming it won this appeal is like Trump saying he won the 2020 election," he told Law.com.
5 minute read
By Alex Anteau | May 16, 2024
Wetland ownership has been a hot topic during the state's most recent legislative session, which saw a bill introduced that aimed "to make it easier for coastal landowners to claim ownership of parts of the state's salt marsh," according to a report by WABE, that noted while the bill's sponsors said it would improve conservation, some detractors argued, "what the bill really does is enable owners to sell mitigation credits—so that developers can destroy marsh elsewhere."
5 minute read
By Ross Todd | May 15, 2024
Keri Borders and Dale Giali secured a decision upholding their summary judgment win for KIND LLC. They successfully excluded the plaintiffs experts in long-running class actions over the words "All Natural" on certain Kind bars and granola products.
8 minute read
By Avalon Zoppo | May 15, 2024
"What you're suggesting is that someone, let's say was convicted of a murder and served a 40-year sentence, can come out of state prison and [can] relitigate without that conviction being set aside," Chief Judge Priscilla Richman said.
4 minute read
By Marianna Wharry | May 15, 2024
When a federal appeals court judge asked if the plaintiffs' attorney thought district judge's decision was final since it still left the opportunity to amend, the attorney said she did not believe the plaintiffs could refile because the judge struck down their merits claims.
3 minute read
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