News & Analysis as of

Summary Judgment Takings Clause

McDermott Will & Emery

It’s a Taking: Copyright Deposit Requirement Violates Fifth Amendment

Addressing the issue for the first time, the US Court of Appeals for the District of Columbia found that the Copyright Act of 1976’s requirement to deposit two copies of a work with the Library of Congress within three months...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Soil Excavation/Borrow Material: Federal Appellate Court Addresses Challenge to U.S. Corps of Engineers Mitigation Requirements

The United States Court of Appeals for the Fifth Circuit (“5th Circuit”) addressed in a July 11th opinion a challenge to mitigation requirements imposed by the United States Corps of Engineers (“Corps”) as a condition for...more

Nossaman LLP

Court Clarifies Rules for Takings, Precondemnation Damages Claims

Nossaman LLP on

Two of the more complicated issues eminent domain attorneys face are analyzing whether government conduct rises to the level of a taking, and whether the government engaged in precondemnation conduct that gives rise to...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending September 23 & 30, 2016

Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Hearsay/Business Records: trial court abused its discretion by excluding the mortgage records, which included records from a prior servicer, where plaintiff’s witness demonstrated...more

McDermott Will & Emery

Breaking News: Federal Court Finds Delaware’s Unclaimed Property Enforcement “Shocks the Conscience”

On June 28, 2016, the much-anticipated memorandum opinion of the US District Court for the District of Delaware in Temple-Inland, Inc. v. Cook et al., No. 14-654-GMS was released on the parties’ cross-motions for summary...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Temple-Inland Sheds Light on Delaware’s Use of Estimations in Unclaimed Property Audits"

As noted in prior mailings on this topic, all 50 states require companies to comply with broad and often complex unclaimed property laws that mandate annual reporting. Unclaimed property is generally defined as tangible or...more

McDermott Will & Emery

Delaware’s Unclaimed Property Audit Program Dealt Blow

McDermott Will & Emery on

The judge in a case challenging Delaware’s use of sampling and extrapolation to determine unclaimed property liability denied the state’s motion to dismiss and in doing so, seriously questioned the State’s approach. ...more

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