News & Analysis as of

Due Process Private Property

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

DarrowEverett LLP on

The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Troutman Pepper

EDVA Dismisses Challenge to Virginia Statute on Broadband Access

Troutman Pepper on

Litigation challenging government economic regulation has become more common, as courts appear increasingly less deferential to legislative and executive action. Most of this type of litigation focuses on federal regulation,...more

McNees Wallace & Nurick LLC

Attorney Fee Provision in Pa.’s Clean Streams Law May Run Afoul of 14th Amendment

Imagine you’ve purchased some land and plan to build your dream home. You know you need several government approvals, and your contractor says this includes something called a “Chapter 102″ permit. No problem. The folks at...more

Gray Reed

Dereliction of Duty: Can Local Governments Be Liable for Not Protecting Property from Protestors?

Gray Reed on

Eager to spark the socialist revolution, left-wing activists seized Ramsett Park and the surrounding area and declared an independent autonomous community dedicated to social and economic justice. While that hypothetical...more

Akin Gump Strauss Hauer & Feld LLP

COVID-19: Emergency Powers and Constitutional Limits

- Our country is in a national state of emergency over COVID-19. Almost every state has declared its own state of emergency, and many states have started invoking their emergency powers. - An emergency does not allow...more

Farella Braun + Martel LLP

Supreme Court Upholds Constitutionality of Inter Partes Review of Issued Patents

In 2012, Congress created a new procedure that allows the U.S. Patent and Trademark Office to conduct a litigation-like procedure to review and potentially cancel patents. This procedure - inter partes review (“IPR”) - has...more

Brownstein Hyatt Farber Schreck

10th Circuit Holds Colorado’s Urban Renewal Statute Violates Due Process in M.A.K. Investment Group v. City of Glendale

On May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is located within an area determined...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Supreme Court Upholds IPR as a Valid Procedure for Challenging Patent Validity: Majority Reasons that Patents are Revocable...

By a majority of 7-2, the Supreme Court has ruled that inter partes review is a valid exercise of statutory authority vested in the Patent Trial and Appeal Board. Oil States Energy Services, LLC v. Greene’s Energy Group, LLC,...more

Morgan Lewis

French Constitutional Court Rules on the “Florange” Law

Morgan Lewis on

Court upholds some of the law’s requirements but deems provisions on sanctions to be unconstitutional. The French Constitutional Court rendered an important decision on 27 March regarding the validity of the so-called...more

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