Arkansas Game and Fish Commission v. United States is before the Federal Circuit again after the U.S. Supreme Court reversed the Federal Circuit’s prior holding that government-induced flooding must be permanent for a taking...more
Over the past several months, we've been following some of the recent takings cases that have made their way up to the United States Supreme Court. So where do things currently stand?...more
As we previewed in our recent "year in review" piece, the U.S. Supreme Court has some takings issues before it this term. One case, Koontz v. St. John's River Water Management District, took center stage yesterday. ...more
Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more
The U.S. Army Corps of Engineers authorized repeated seasonal flooding that damaged trees on forest land owned by the Arkansas Game and Fish Commission. The question before the United States Supreme Court was “whether a...more
After passing on a number of Fifth Amendment issues in recent history, the U.S. Supreme Court is scheduled to hear three cases this term in which the takings clause plays a prominent role. And today, the Court addressed the...more
We are pleased to present the 22nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we examine several cases that the U.S. Supreme Court will hear in its next term and an...more
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