News & Analysis as of

Motion to Dismiss › Takings Clause

Axinn, Veltrop & Harkrider LLP

Opening Another Front in the Brand/Generic Battle?

Axinn, Veltrop & Harkrider LLP on

Although it's not often that I read a decision by the U.S. Court of Federal Claims, it appears that Vanda may be opening a new front in the brand/generic battle by surviving a motion to dismiss in a case it brought under the...more

Nossaman LLP

Inverse Condemnation Claim Barred for Late Response to Taking of Leased Property, Despite the Claimant Not Receiving Formal Notice...

Nossaman LLP on

Typically, when a public agency acquires property by eminent domain, it names all potentially interested parties in the condemnation action. This includes the property owner, any easement holders, lien holders and usually...more

Foley & Lardner LLP

Constitutional Challenges to Proposed Retroactive COVID-19 Coverage Legislation

Foley & Lardner LLP on

In the early days of the COVID-19 pandemic, many thousands of businesses were forcibly shuttered when governors and mayors across the country ordered cessation of most economic activity and closure of most businesses in an...more

Farrell Fritz, P.C.

Village’s Denial of a Permit to Fence-Off Private Road Subject to Claim for Inverse Condemnation

Farrell Fritz, P.C. on

In the Village of Bayville, New York (“Bayville”), a landowner wished to enclose and protect private property and the private roadway for access thereon  (“Lot 18”) against trespassers.  The landowner sought to erect crash...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

Skadden, Arps, Slate, Meagher & Flom LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP on

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

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