Administrative Law, Constitutional Law, Civil Remedies

Interesting Valuation Dispute in Caltrans Eminent Domain Battle

by Brad Kuhn | Nossaman LLP on 2/7/2013

The California Department of Transportation (Caltrans) and the owner of Silveira Ranch are involved in an interesting valuation dispute stemming from Caltrans' acquisition of part of the ranchland needed for Highway 101...more

Eminent Domain to Be Used for I-80 and I-680 Interchange

by Brad Kuhn | Nossaman LLP on 2/6/2013

California continues to move forward with more infrastructure improvement projects. According to an article in the Daily Republic, Agency starts eminent domain proceedings for I-80/680 project, the Solano Transportation...more

What is the "relevant parcel" in a regulatory takings case?

by Ben Rubin | Nossaman LLP on 1/31/2013

In Lost Tree Village Corporation v. United States, the Federal Circuit addressed this question head on, concluding, to the surprise of no one, that the answer will largely depend upon the unique facts in each case. ...more

Supreme Court Hears Argument on Takings Case: Koontz v. St. John's River Water Management District

by Rick Rayl | Nossaman LLP on 1/16/2013

As we previewed in our recent "year in review" piece, the U.S. Supreme Court has some takings issues before it this term. One case, Koontz v. St. John's River Water Management District, took center stage yesterday. ...more

Big Year For Published Eminent Domain Decisions

by Brad Kuhn, Rick Rayl | Nossaman LLP on 1/15/2013

Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

California High Court Issues Important Ruling on Labor Speech Rights of Unions on Private Property

by Linda Auerbach Allderdice | Holland & Knight LLP on 1/15/2013

The California Supreme Court recently issued its decision in Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8. Although the ruling resolved a long-standing dispute between a supermarket owner and the...more

Unions May Now Picket On Private Property In California

by Melissa Gonzalez Boyce | XpertHR - Partnered with LexisNexis on 1/11/2013

In a blow to retail businesses in California, the California Supreme Court has held that labor unions have the right to picket in front of privately owned store entrances. In Ralphs Grocery Company v. United Food and...more

Eminent Domain Opinions Focus On 'Just Compensation'

by Bernadette Duran-Brown, Brad Kuhn | Nossaman LLP on 1/4/2013

Originally Published in Daily Journal, January 4, 2013 It has been quite a busy year for takings cases, and the state Court of Appeal provided one last published eminent domain opinion just before 2012 came to a close....more

The Cross-Fire Continues Over the Judge's Role in Limiting Appraisal Opinions in Eminent Domain Cases

by Bernadette Duran-Brown, Brad Kuhn | Nossaman LLP on 12/28/2012

It has been quite a busy year for takings cases. While our readers can soon expect our annual "Year in Review E-Alert," the California Court of Appeal decided to grace us with one more published eminent domain opinion just...more

Repeated Seasonal Flooding Of Forest Land Authorized By Government May Qualify As A Taking of Property

by William T. Chisum | Kronick, Moskovitz, Tiedemann & Girard on 12/24/2012

The U.S. Army Corps of Engineers authorized repeated seasonal flooding that damaged trees on forest land owned by the Arkansas Game and Fish Commission. The question before the United States Supreme Court was “whether a...more

You Can Receive Compensation for Goodwill IF...

by Bernadette Duran-Brown | Nossaman LLP on 12/19/2012

The Court has once again reminded us that it takes its role as gate keeper seriously. This week, in an unpublished case, the Court of Appeal issued a decision that serves as a not-so-gentle reminder that business owners are...more

Does The Victims Of Corporate Fraud Compensation Fund Deny Due Process?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 12/19/2012

In notorious defiance of the California Constitution, the legislature in 2002 established the Victims of Corporate Fraud Compensation Fund. See Victims of Corporate Fraud. The purpose of the fund is to provide ”restitution to...more

Options, Agreements, And Prior Appraisals: Admissibility Issues In Eminent Domain Trials

by Brad Kuhn, Rick Rayl, Ben Rubin | Nossaman LLP on 12/17/2012

Originally Published in The Real Estate Finance Journal, December 17, 2012. In eminent domain proceedings, property owners are granted the right to have a jury determine just compensation. But the presentation of...more

A Motion in Limine Strikes Again

by Bernadette Duran-Brown | Nossaman LLP on 12/3/2012

A couple of weeks ago, the California Court of Appeal issued a decision that discussed an attorney malpractice lawsuit known as a “settle and sue” case, where the client settles whatever litigation in which they are...more

Eminent Domain: The Continuing Battle Over the Roles of Judge and Jury

by Rick Rayl | Nossaman LLP on 11/30/2012

Eminent domain cases are unique in that the roles of the judge and the jury do not match the typical civil jury trial experience where the jury is the arbiter of fact and the judge decides the law. In eminent domain, the...more

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

by Brad Kuhn, Ben Rubin | Nossaman LLP on 11/29/2012

California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more

Important standing case before Eighth Circuit

by Christopher J. Willis | Ballard Spahr LLP on 11/28/2012

Among the more interesting developments discussed in our webinar last week on the CFPB’s amicus program was the appeal currently pending before the Eighth Circuit in Charvat v. First National Bank of Wahoo, a case that raises...more

The Benefits of Crossing Your T's and Dotting Your I's

by Ben Rubin | Nossaman LLP on 11/14/2012

When I was a child, a long long time ago, I learned the importance of paying attention to detail. While I will not bore you with the details of my adolescence and the shenanigans that forced my parents to drive home this...more

I Saw the Sign, and It . . . Was Taken Down?

by Brad Kuhn | Nossaman LLP on 11/7/2012

Those don't quite sound like the lyrics to the early-90's popular Ace of Base hit, "The Sign." But they likely describe the situation of many travelers on the I-10 freeway in Los Angeles thanks to a recent California Court...more

Takings Claims and the Morass that Surrounds Them

by Rick Rayl | Nossaman LLP on 10/19/2012

Earlier this week, I spent a day in Los Angeles at a seminar involving regulatory takings issues. It featured a great panel of speakers on a variety of takings, eminent domain, and land use issues. (In fairness, you should...more

Privately-Owned Utility Company Liable In Action For Inverse Condemnation

by Kronick, Moskovitz, Tiedemann & Girard on 9/19/2012

A court of appeal recently held that a privately-owned utility company may be held liable for inverse condemnation as a public entity. (Pacific Bell Telephone Company v. Southern California Edison Company (--- Cal.Rptr.3d...more

Abandoning Your Eminent Domain Action May Come With A Hefty Price Tag

by Brad Kuhn | Nossaman LLP on 9/13/2012

On occasion, public agencies decide to abandon or partially abandon an eminent domain proceeding. The most typical reason is due to a revision in project design, making the property no longer necessary for the proposed...more

The Texas Anti-SLAPP Statute: Issues for Business Tort Litigation - September 2012

by Cox Smith on 9/11/2012

On June 17, 2011, Texas Governor Rick Perry affixed his neat signature to Texas‘ new anti-SLAPP law, entitled the Texas Citizens Participation Act (the "TCPA"), and in so doing Texas joined 28 states and the District of...more

Proposed Bill Would Provide Immunity for New Jersey Rescue Squads

by CJ (Candida) Griffin, Esq. on 8/28/2012

Proposed Bill Would Provide Immunity for New Jersey Rescue Squads by CJ Griffin on August 28, 2012 A bill introduced in the New Jersey Senate would overrule a recent court ruling regarding the liability of New Jersey...more

Access to Abortion Services Blocked or Limited by State Laws

by Lawyers.com on 7/13/2012

A federal judge has indefinitely extended his injunction of a new Mississippi law that requires abortion clinic physicians to be board-certified OB-GYNs and to have patient-admitting privileges at nearby hospitals. The law...more

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Administrative Law › Constitutional Law › Civil Remedies