News & Analysis as of

Precedential Opinion Supreme Court of the United States

Venable LLP

Plain Meaning or Precedent? Why Not Both?

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Imagine you're crafting an argument in an appellate court. The key statute has language that favors you, but a decades-old Supreme Court case goes the opposite way. Or, from the other side, the case is favorable but the...more

Holland & Knight LLP

Fifth Circuit's Seaman Status Realignment Brings New Considerations for Offshore Oil & Gas and Wind Industry Operators

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Since the enactment of the Jones Act, courts have wrestled to define "seaman" and who is entitled to remedies under the Jones Act. The Jones Act grants a "seaman" a negligence cause of action against his employer and only a...more

Littler

A Closer Look at Trump’s Latest SCOTUS Nominee: Judge Amy Coney Barrett

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On Saturday, September 26, President Trump nominated Judge Amy Coney Barrett to fill the vacancy on the bench occasioned by the death of Justice Ruth Bader Ginsburg. Barrett, who sits on the U.S. Court of Appeals for the...more

Littler

High Court Declines to Resolve Circuit Split on Whether Prior Salary is “A Factor Other Than Sex” that Can Justify a Pay Disparity...

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On July 2, 2020, the U.S. Supreme Court declined to review the Ninth Circuit’s decision in Rizo v. Yovino. The federal Equal Pay Act (EPA) requires “equal pay for equal work regardless of sex,” subject to four exceptions. ...more

Seyfarth Shaw LLP

What Is Past Is Prologue: The Ninth Circuit Again Rules That Prior Salary Cannot Justify Pay Differences

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Seyfarth Synopsis: The Ninth Circuit, in an en banc decision following remand from the Supreme Court, held that employers cannot justify pay disparities under the federal Equal Pay Act by showing that those disparities are...more

Orrick - Equal Pay Pulse

Ninth Circuit Issues A Second En Banc Decision Regarding Prior Salary Considerations In Rizo v. Yovino Re-Do

In yet another development in the closely watched case of Rizo v. Yovino, the en banc Ninth Circuit ruled that employers may not defeat a plaintiff’s prima facie case under the Equal Pay Act (EPA) by arguing prior pay is a...more

Tonkon Torp LLP

Property Owners Win Big Battle In Supreme Court Decision On Regulatory Takings

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On June 21, 2019, the U.S. Supreme Court ruled in Knick v. Township of Scott, Pennsylvania, 139 S. Ct. 2162 (2019) (Knick), that private parties seeking to challenge a local government under the “Takings Clause” can now file...more

Nossaman LLP

Property Owners Cannot Remove State Court Eminent Domain Actions to Federal Court

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Last year, the United States Supreme Court made headlines (at least in our eminent domain world) by issuing a ruling in Knick v. Township of Scott that property owners can bypass the state courts and directly file a Fifth...more

Miller Starr Regalia

Unwinding The “Preclusion Trap”—Knick v. Township Of Scott Upends Thirty Years Of Federal Takings Precedent

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In June, the United States Supreme Court dismantled what many considered to be an untenable “preclusion trap” in Fifth Amendment takings law when it decided Knick v. Township of Scott, Pennsylvania. The key issue in Knick was...more

Best Best & Krieger LLP

High Court's Knick Ruling May Hinder Calif. Public Agencies

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In Justice Elena Kagan’s dissenting opinion in the U.S. Supreme Court takings case Knick v. Scott, she stated: “Today’s decision sends a flood of complex state-law issues to federal courts. It makes federal courts a principal...more

McNees Wallace & Nurick LLC

How The Recent U.S. Supreme Court Case Of Knick v. Township Of Scott Could Be Buying Everyone More Trips To The Federal Courthouse

Did you know the right to eminent domain goes as far back as the Magna Carta? Eminent domain is hardly new news, and as such recent game changing cases regarding the subject are few and far between.  The last major eminent...more

Roetzel & Andress

U.S. Supreme Court Decides Landmark Condemnation Case In Favor Of Property Owners

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For many years, a property owner seeking compensation from a state or local government for an uncompensated property taking was relegated to filing an action for inverse condemnation in state court. In Ohio, for example, that...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Takes Back Takings: Knick v. Township of Scott

The Supreme Court recently issued its long-awaited ruling in Knick v. Township of Scott, concluding that a plaintiff alleging that local governments have violated the Takings Clause under the Fifth Amendment may seek relief...more

Womble Bond Dickinson

U.S. Supreme Court Overturns State-Litigation Requirement For Takings Claims, Providing Landowners With A Direct Path To Federal...

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On Friday, June 22, 2019, in Knick v. Township of Scott, the U.S. Supreme Court overturned Williamson County Regional Planning Commission v. Hamilton Bank and, in the process, paved a direct path to federal court for...more

Burr & Forman

Supreme Court Opens Federal Courts to Takings Claims by Private Property Owners against State and Local Governments

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Every June, when the Supreme Court’s term comes to an end, a few high-profile cases generate an avalanche of media coverage. Typically, these cases involve the most contentious political issues of the day....more

Pierce Atwood LLP

Important U.S. Supreme Court Decision on Regulatory Takings

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The U.S. Supreme Court is finishing up its term, getting ready for its summer break, so its decisions are coming fast now. On June 21, 2019, the U.S. Supreme Court issued a surprising decision affecting regulatory takings,...more

Clark Hill PLC

US Supreme Court Allows Greater Access to Federal Courts for Taking Cases

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In Knick v Scott, SCOTUS overruled precedent requiring property owners asserting takings by state or local government to exhaust state court remedies before seeking relief in the federal courts....more

Allen Matkins

Sustainable Development and Land Use Update - June 2019 #4

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Focus - SCOTUS rules that landowners have clear path to federal court for a taking of real property interests - Allen Matkins – June 25 - In a dramatic repudiation of 34 years of established precedent and a clear...more

Perkins Coie

U.S. Supreme Court’s Knick Cemetery Decision Buries Williamson—Takings Claimants May Go Directly to Federal Courts

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The U.S. Supreme Court overturned a 34-year-old precedent established by Williamson Planning Comm’n v. Hamilton Bank, holding that landowners pursuing takings claims do not need to seek redress in state courts before pursuing...more

Jackson Walker

SCOTUS Decision: Property Owners Can Bring Takings Claims Straight to Federal Court

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On June 21, 2019, the Supreme Court of the United States decided Knick v. Township of Scott, Pennsylvania, holding that a property owner is not required to first bring a takings claim in state court. Rather, “[a] property...more

Husch Blackwell LLP

Property Owners May Now Bring Takings Claims Directly To Federal Court

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Key Point- Property owners may now bring a regulatory takings or inverse condemnation claim in federal court without first exhausting state court remedies, overruling Williamson County....more

Faegre Drinker Biddle & Reath LLP

Open for Business: Supreme Court Opens Federal Courts to Fifth Amendment Takings Claims

Landowners can now pursue their Fifth Amendment taking claims directly in federal court when the government takes property without paying just compensation, according to the Supreme Court in its decision in Knick v. Township...more

Alston & Bird

Supreme Court Ruling Could Dramatically Change the Playing Field for Takings Claims

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The Supreme Court takes down another long-standing precedent with a decision that could expose local and state government attempts at environmental regulation to greater liability in federal courts. ...more

Perkins Coie

Knick’s Cemetery Decision Buries Williamson - Supreme Court Rules that the Takings Clause Provides Access to the Federal Courts

Perkins Coie on

The United States Supreme Court overturned a 34-year-old precedent established by Williamson Planning Comm’n v. Hamilton Bank, holding that landowners pursuing takings claims need not seek redress in state courts before...more

Allen Matkins

SCOTUS Rules that Landowners Have Clear Path to Federal Court for a Taking of Real Property Interests

Allen Matkins on

In a dramatic repudiation of 34 years of established precedent and a clear victory for private property owners, the United States Supreme Court has held in Knick v. Township of Scott, 588 U.S. ___ (2019), that a claim for a...more

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