In a unanimous opinion written by Justice Thomas, the Supreme Court held that California raisin handlers could assert a takings claim as an affirmative defense to an enforcement action filed by the United States. Horne v....more
Four derivative lawsuits against Facebook’s directors relating to alleged disclosure issues surrounding the company’s initial public offering have a new status: Dismissed. Last month, Judge Robert Sweet of the Southern...more
On February 27, 2013, the U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of a Fifth Amendment takings claim based on the finding that the claim was "not ripe." The claim is unusual because it arose in...more
Long-time California raisin farmers Marvin and Laura Horne have been forced to experience firsthand the costs that America’s regulatory state imposes on entrepreneurs, especially innovative members of the agriculture...more
Inverse condemnation claims can be tricky, particularly in the regulatory context. You don't want to file your claim too soon, as that will likely result in your claim being booted out of court on ripeness grounds. But you...more
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