News & Analysis as of

Supreme Court of the United States Private Property

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Pierce Atwood LLP

Supreme Court’s Sheetz decision casts doubt on validity of Massachusetts inclusionary zoning regulations

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The U.S. Supreme Court’s recent decision in Sheetz v. County of El Dorado may have a profound impact on inclusionary zoning ordinances and bylaws in Massachusetts. I suspect few of those regulations – if challenged – will...more

Polsinelli

SCOTUS Decision May Limit Municipalities’ Ability to Collect Impact Fees

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In April, the Supreme Court held in Sheetz v. County of El Dorado, California that the Takings Clause of the United States Constitution applies to legislative land-use conditions, such as impact fees. This will result in...more

Troutman Pepper

EDVA Dismisses Challenge to Virginia Statute on Broadband Access

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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

Holland & Knight LLP

Supreme Court Sets Stage for Widespread Challenges to Real Estate Development Impact Fees

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The U.S. Supreme Court ruled on April 12, 2024, that the "Takings Clause" enshrined in the Fifth Amendment of the U.S. Constitution applies equally to legislative and administratively imposed land use permitting fees. Since...more

McNees Wallace & Nurick LLC

The Supreme Court Sides with Employers on the Right to Sue Unions

On June 1, 2023, the United States Supreme Court held that a company could sue a union over intentional damage caused during a labor dispute. In Glacier Northwest v. International Brotherhood of Teamsters Loc. Union No. 174,...more

Benesch

Supreme Court Rules that Union May Be Liable for Damage Caused by Strike

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In a strikeout for organized labor, the United States Supreme Court recently held that an employer may pursue a lawsuit based on damage caused to its property by a strike. Glacier Northwest, Inc., a company which...more

Morgan Lewis

US Supreme Court Says Egregious Strike Misconduct Subject to Employer State Court Damages Action

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In a recent 8-1 decision, the US Supreme Court held that the National Labor Relations Act (NLRA or the Act) does not preempt state claims against unions for intentional property damage during a strike. The decision reaffirms...more

Parker Poe Adams & Bernstein LLP

SCOTUS Opens the Door to Increased Union Liability for Strike Damages

On June 1, 2023, the U.S. Supreme Court delivered an 8-1 opinion that limits the protections available to unions for damages caused during a strike. In Glacier Northwest v. International Brotherhood of Teamsters, Local Union...more

Miller Canfield

U.S. Supreme Court: Strike Does Not Protect Union from Lawsuit for Damage to Company Property

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Can a union be sued by management for destroying company property during a strike? On June 1, 2023, the U.S. Supreme Court answered the question in the affirmative....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2022

Nomination News. With control of the U.S. Senate in 2023 up for grabs, the Biden administration continues its push to fill agency leadership positions. Late last week, the Senate confirmed attorney Lisa Gomez to run the U.S....more

Roetzel & Andress

U.S. Supreme Court Effectively Expands Its Controversial 2005 Kelo Decision

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The U.S. Supreme Court often makes headlines with its decisions, but even in its inaction, the Court can have an impact on the law. Such was the case with Eychaner v. The City of Chicago, which the Court declined to hear last...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS to Consider Whether California Unconstitutionally “Takes” Private Property When It Compels Agricultural Employers to Grant...

When it comes to whether unions have a right to enter an employer’s premises over the employer’s objections, California’s law is the polar opposite of the National Labor Relations Act (NLRA) and the law in most other states....more

Miller Starr Regalia

Supreme Court Decides to Hear Important Property Rights Case Addressing Whether Time-Limited Easements Are a Physical Taking Under...

Miller Starr Regalia on

On November 13, 2020, the U.S. Supreme Court issued an order granting certiorari in Cedar Point Nursery v. Hassid. The question presented in the successful cert petition is “whether the uncompensated appropriation of an...more

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

2019 Report: Federal Circuit Appeals from the PTAB - Summaries of Key 2018 Decisions: Oil States Energy Servs., LLC v. Green’s...

In Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, the Supreme Court ruled that inter partes reviews (IPRs) do not improperly divest the courts of their judicial authority and do not violate the Seventh...more

Schwabe, Williamson & Wyatt PC

Supreme Court Ruling on Critical Habitat in Dusky Gopher Frog Case

The Supreme Court has handed down one of the most anticipated Endangered Species Act (ESA) rulings in recent years. In Weyerhaeuser Co. v. U.S. Fish and Wildlife Serv., the Supreme Court unanimously overruled the Fifth...more

Knobbe Martens

Patent Law Update for Medical Device Companies 2018 (Presentation)

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Knobbe Martens Partners Paul Conover, Irfan Lateef, and Curtis Huffmire presented "Patent Law Update for Medical Device Companies 2018" at the MedTech Innovation Summit in San Francisco, CA on November 28, 2018. This session...more

Best Best & Krieger LLP

U.S. Supreme Court Limits Agency Discretion Under ESA - Critical Habitat For Endangered Species Decision

In a victory for landowners and other regulated entities, the U.S. Supreme Court unanimously limited the U.S. Fish and Wildlife Service’s discretion when designating critical habitat under the federal Endangered Species Act....more

Mintz

SCOTUS Says Two Wrongs Don't Make a Right for Dusky Gopher Frog

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You don’t see a unanimous decision of the United States Supreme Court very often, especially in an environmental case, but that’s what happened this week when the Court held that for an area to be “critical habitat” of an...more

Perkins Coie

Supreme Court Limits Authority to Designate Critical Habitat Under Endangered Species Act

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In a unanimous decision with immediate repercussions for the administration of the Endangered Species Act (ESA), the U.S. Supreme Court held that an area is eligible for designation as critical habitat under the ESA only if...more

Sheppard Mullin Richter & Hampton LLP

Critical Habitat Must Be Habitat for Listed Species, Supreme Court Says

An area designated as critical habitat under the Endangered Species Act must first qualify as “habitat” for listed species, the Supreme Court held this week in the closely watched Weyerhaeuser case. The Court’s November 27,...more

Nossaman LLP

Supreme Court Rules ESA Critical Habitat Must Be Habitat For Listed Species

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On November 27, 2018, the U.S. Supreme Court ruled that an area is eligible to be designated as “critical habitat” under the Endangered Species Act (ESA) only if the area is habitat for the relevant threatened or endangered...more

Husch Blackwell LLP

Dusky Frog Update

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On June 29, 2018 and October 8, 2018, we blogged about the dusky gopher frog, an endangered species currently confined to a small area of Mississippi. The U.S. Fish & Wildlife Service designated land in Louisiana as part of...more

Davis Wright Tremaine LLP

Supreme Court Decides Critical Habitat Must Be Habitat

In a unanimous decision (with Justice Kavanaugh not participating), the Supreme Court on November 27, 2018, remanded a controversial Endangered Species Act (ESA) decision for further consideration by the Fifth Circuit Court...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Weyerhaeuser Company v. U.S. Fish & Wildlife Service

On November 27, 2018, the Supreme Court of the United States decided Weyerhaeuser Company v. U.S. Fish & Wildlife Service, No. 17-71, holding that (1) an area is eligible for designation as a “critical habitat” under the...more

Nossaman LLP

Supreme Court Hears Oral Argument in Dusky Gopher Frog Case

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On October 1, 2018, the U.S. Supreme Court heard oral argument in the first case of its new term, Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, Dkt. No. 17-71. The case concerns the designation of critical habitat under...more

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