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Due Process › Takings Clause › Appeals

Bricker Graydon LLP

Land banking after Tyler: No government taking where there’s a process (so says federal 6th Cir.)

Bricker Graydon LLP on

Land banking advocates across the country took notice of the U.S. Supreme Court’s decision in Tyler v. Hennepin County that found a “government taking” occurred when a Minnesota county sold a tax-foreclosed home to recover...more

Otten Johnson Robinson Neff + Ragonetti PC

Businesses Shuttered by COVID-19 Lockdowns Seek Supreme Court’s Revision of Modern Takings Law

Otten Johnson Robinson Neff + Ragonetti PC on

Is a business temporarily closed by order of the government entitled to compensation? Two groups of plaintiffs have petitioned the U.S. Supreme Court hoping not just for a “yes” but an overhaul of a half-century of regulatory...more

Spilman Thomas & Battle, PLLC

Challenges to Shutdown Orders Reach the U.S. Supreme Court

Spilman Thomas & Battle, PLLC on

On April 27, 2020, a group of petitioners asked the Supreme Court of the United States to stay the enforcement of Pennsylvania Governor Tom Wolf’s March 19, 2020, executive order that closed many of the Commonwealth’s...more

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

2019 PTAB Year in Review: Analysis & Trends: Challenges to the Constitutionality of the Patent Trial and Appeal Board

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

Since the Patent Trial and Appeal Board’s inception, it has faced questions regarding its constitutionality. This past year was no different. In 2019, aggrieved patent owners raised numerous constitutional challenges...more

Mintz - Intellectual Property Viewpoints

Give and Take: IPR of Pre-AIA Patent is NOT an Unconstitutional Taking

Mintz - Intellectual Property Viewpoints on

On July 30, 2019, the Federal Circuit held that retroactive application of IPR (inter partes review) proceedings to pre-AIA (America Invents Act) patents is not an unconstitutional taking under the Fifth Amendment (Celgene...more

Ballard Spahr LLP

Nev. Supreme Court Holds HOA Foreclosure Statute Constitutional, Splits with Ninth Circuit

Ballard Spahr LLP on

The Nevada Supreme Court has upheld the constitutionality of Nevada's pre-2015 statutory scheme for homeowners association (HOA) foreclosures. This decision contradicts the Ninth Circuit Court of Appeals' conclusion that the...more

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