Nancie G. Marzulla – Marzulla Law, LLC

Anaheim Gardens v. United States involved plaintiffs who filed suit in the U.S. Court of Federal Claims claiming that the Government effected a taking of their contractual right to prepay government-insured mortgages on…more

Nearly 150 former Chrysler dealers whose franchises were terminated as part of the Government’s TARP restructuring of Chrysler today filed their brief opposing the Government’s interlocutory appeal of their taking case in the…more

In Martinez v. United States, the plaintiff claimed a taking by the federal government of his cattle when the Forest Service of the Department of Agriculture sold several hundred head after seizing them for allegedly trespassing…more

The Tucker Act grants jurisdiction to the U.S. Court of Federal Claims for damages not sounding in tort arising out of various federal statutes. But in order for jurisdiction to be proper, there must be a money-mandating statute…more

In Simonson v. United States (April 4, 2013), the U.S. Court of Federal Claims considered whether the Government’s argument that the plaintiffs did not have a compensable property interest for purposes of a takings claim should…more

What’s an oil company to do? Texas landowners who for decades have sat by quietly accepting eminent domain to permit pipelines carrying precious energy to flow through their properties have been getting ornery of late. A slew of…more

The U.S. Court of Federal Claims recently agreed to certify a class in a takings case, Starr International v. United States. Starr involves claims by shareholders of American International Group (AIG). Their lawsuit alleges…more

On March 3, 2013, Marcum LLP, a professional services firm that specializes in forensic accounting and financial litigation support services, filed a Fifth Amendment takings claim in the U.S. Court of Federal Claims for the…more

Is the advice of an attorney intangible property that can be taken by taken by extortion under the Hobbs Act? On April 23, 2013, this precise question was presented to the Supreme Court of the United States during oral arguments…more

Arkansas Game and Fish Commission v. United States is before the Federal Circuit again after the U.S. Supreme Court reversed the Federal Circuit’s prior holding that government-induced flooding must be permanent for a taking to…more

On April 24, 2013, the United States agreed to settle a breach of contract lawsuit, International Industrial Park, Inc. v. United States, Case No. 09-691C, stipulating to the entry of final judgment and to payment of attorneys’…more

In 2006, four landowners of a property on Culebra Island in Puerto Rico entered into an agreement to sell the property. Before that sale could be consummated, the United States Government made a claim of title to the same…more

In Meschkow v. United States, the plaintiff, an attorney, argued that that Government had taken his property without just compensation when it disclosed the contents of an Order to Show Cause that had been sealed as confidential…more

On March 15, 2013, Richard G. Taranto was sworn in by Chief Judge Randal Rader of the U.S. Court of Appeals for the Federal Circuit. Taranto becomes the newest member of the Federal Circuit which hears appeals for the U.S. Court…more

Fracking is all the rage these days, a means of increasing domestic energy production by injecting fluid into cracks that exists in rock formations to open them up and allow oil and gas to flow out and be collected. There is a…more