Just Compensation

News & Analysis as of

President Obama Signs Two Executive Actions Strengthening Equal Pay Laws

Yesterday, President Obama signed two executive actions designed to strengthen equal pay laws and narrow pay disparities based on gender or race. The executive order and presidential memorandum marked National Equal Pay...more

NCAA’s Battle Continues in the Fight Over Who Should Pay for the Use of Student-Athlete Likenesses

Since 2009, former student-athletes have been litigating the issue of whether the apparent commodification of student-athlete likenesses in video games entitles the athletes to compensation. Defendants in these lawsuits...more

You May Live For The Applause But I Work For Overtime

A settlement in the lawsuit against Lady Gaga by her former personal assistant, Jennifer Olsen, was announced this week, a month before the case was scheduled for trial. Ms. Olsen sued the pop star claiming that she was not...more

Are Your Non-Exempt Employees Properly Compensated for All of Their Work Time?

Employers are continuing to be bombarded by collective or class action lawsuits filed by their non-exempt employees for alleged violation of the Fair Labor Standards Act (“FLSA”), and similar state wage and hour laws. Many of...more

The Use of a Legal Issues Motion in Eminent Domain Proceedings

Eminent domain actions are unique in that "the court, rather than the jury, typically decides questions concerning the preconditions to recovery of a particular type of compensation, even if the determination turns on...more

Supreme Court Taking Another Takings Case

The Supreme Court is apparently not done with its recent interest in takings decisions. Following the decisions in Arkansas Game and Fish Commission v. United States, Horne v. Department of Agriculture, and Koontz v. St....more

In Some Cases, The Negligence Of New Jersey Accident Victims Can Bar Recovery Of Compensation

Suffering an accidental injury does not automatically hold victims blameless. In many cases, injury victims share a degree of negligence with one or more other parties, for example in the following circumstances...more

Maximum Compensation FY 2014

For those with accidents occurring after July 1, 2013 through July 1, 2014, the maximum state average monthly wage is $5,290.70. That figure comes from the Nevada Department of Employment, Training and REhabiliation,...more

Court Finds Indiana Right-To-Work Law Unconstitutional

In a stunning decision, a state court judge has ruled that Indiana’s hard-won right-to-work law is unconstitutional. The reasoning is strained and rests on the rather peculiar notion that “just compensation” for a union...more

A Cautionary Tale on Alleging Precondemnation Damages Versus a De Facto Taking

Eminent domain cases typically revolve around a "date of value" – the date on which property is valued in determining the amount of just compensation the condemning agency must pay. That date is set by statute; typically, it...more

Intern Class Actions on the Rise

The rise in unpaid internships has led to an equally significant uptick in litigation brought by interns demanding compensation for performing the same work as paid employees. And the interns are winning....more

The NCAA Takes a Few More Hits

Unless you’re inflicted with the most severe kind of equinophobia, you probably don’t get much satisfaction from seeing a dead horse get beat. But since the horse that is the NCAA’s current player compensation system appears...more

Compensation for Police Officers Injured in Auto Accidents

A St. Petersburg police officer was injured after the police car he was driving collided with a telephone pole. The accident occurred late at night, while investigating an auto theft and an aggravated assault on another...more

Planned Use of Eminent Domain Powers to Condemn Underwater Mortgages Faces Uncertain Constitutional Outcome

Amidst reports of rising home prices throughout California and fears of a new housing bubble, controversial plans floated by California cities to deal with the lingering effects of the mortgage meltdown by invoking their...more

International Employment Law Review - August 2013 - Issue 4: An Overview of Labor and Employment in England and Wales

Fees in Employment Tribunals - In an effort to shift the burden of tribunal costs away from the taxpayer and to the parties using the service, the Employment Tribunals and the Employment Appeals Tribunal Fees Order...more

Cheaper to Dismiss?

Legislation came into force in the UK on 29 July 2013, limiting the amount an employee can receive by way of compensation for unfair dismissal to the lower of £74,200 or 52 weeks’ gross pay. ...more

Recovering for Your Hail-Damaged Property (in Spite of Your Insurance Company)

More than two years after Arizona’s infamous extreme hailstorm of 2010, the hailstorm story is not yet over. The freakishly powerful storm blew through the West Valley, Scottsdale and Mesa, leaving $2.7 billion of damage in...more

Common Misconceptions About Wrongful Death Litigation

Losing a loved one is always tragic, but is made even more painful when the death could have been prevented....more

Show Me The Money – Employee Compensation To Prevent Bribery And Corruption

The GlaxoSmithKline PLC (GSK) matter continues to resonate across the compliance world. ...more

Get the Full Value of Your Vehicle After Your Accident

In most cases, by the time an auto accident victim has reached an attorney’s office, the entire issue of valuing and replacing a total-loss vehicle is long over. Most people rely on their car to get to and from work, drive...more

Banks are Entitled to Recover Compensation in Condemnation Actions

Eminent domain or condemnation is the process by which the government is permitted to acquire a citizen’s private property for public use, after paying just compensation. Typically, property is acquired by the government...more

What Happened to Williamson County?

In 1985, the U.S. Supreme Court issued Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172, a landmark decision (as Supreme Court decisions often are) that drastically slashed the...more

U.S. Court of Federal Claims Awards Federal Judges Back Pay, With Interest

Four years, eight judicial opinions, and a trip to the Supreme Court later, the CFC—on remand from the Federal Circuit’s decision finding liability—has finally ruled on what back pay the federal judges can recover. Beer v....more

The Supreme Court Holds the Just Compensation Clause Can Be Used as a Defense

Until this week, it had almost become a truism that the Just Compensation Clause only required that the Government pay for whatever property it took, and imposed no other restrictions. That is, the Just Compensation Clause...more

Co-Op Has No Capacity to Sue for Alleged Taking

Identifying a protected property right is critical in takings litigation in the U.S. Court of Federal Claims—but it is rare for a case to turn on the identity of the plaintiff, rather than the identity of the property. In...more

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