News & Analysis as of August 28, 2025

Takings Clause

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Client Alert: Supreme Court Won’t Be Taking on This Takings Case

Jenner & Block on 7/8/2025

On June 30, the Supreme Court denied the petition for a writ of certiorari in GHP Management Corporation v. City of Los Angeles. The case arose out of a COVID-era eviction moratorium enacted by the City of Los Angeles which...more

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

Otten Johnson Robinson Neff + Ragonetti PC on 3/24/2025

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

Client Alert: Federal Circuit Issues Important Takings Decision on Eviction Moratorium

Jenner & Block on 8/19/2024

In a significant Takings Clause opinion, Darby Development Company, Inc. v. United States, the Federal Circuit sided with landlords who argued that the CDC’s eviction moratorium constituted a physical taking of their...more

If There Is a Constitutional Right to Earn a Living, What Happens to OSHA?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/29/2022

Like virtually every other governmental entity in the world, in March 2020 the City of Columbus, Mississippi, enacted strict lockdown measures affecting private business and public places of worship in an effort to slow the...more

Businesses Shut Down by COVID-19 Regulations May Not Bring Inverse Condemnation Claims

Nossaman LLP on 5/26/2022

For the first time, a California state appellate court has decided whether businesses may bring takings claims against the government due to COVID-19 shutdown orders. In 640 Tenth, LP v. Newsom, the California Court of Appeal...more

June 2021: The Top 19 Labor And Employment Law Stories

Fisher Phillips on 7/7/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

#WorkforceWednesday: Mandatory Vaccination, Tipped Worker Rule, and SCOTUS Rules Against Organized Labor - Employment Law This...

Epstein Becker & Green on 6/30/2021

It's #WorkforceWednesday! This week, we look at the increase in mandatory vaccination policies, a new rule for tipped workers, and a Supreme Court decision against organized labor. Employers Implement Mandatory Vaccination...more

Update on the Proposed TRIPS Waiver at the WTO: Where is it Headed, and What to Expect?

King & Spalding on 6/8/2021

On June 8-9, 2021, the World Trade Organization’s (WTO) TRIPS Council will hold their first meeting in the wake of the U.S. Trade Representative (USTR) announcing “the Biden-Harris Administration’s support for waiving...more

If the Devil of the WTO IP Waiver Is in the Details, What Are the Details?

McDonnell Boehnen Hulbert & Berghoff LLP on 5/10/2021

While the details of the WTO patent waiver have not been determined (or more properly negotiated), it is important to consider the structure of the international trade regime in which the waiver will operate and the...more

COVID-19 Update: Takings Lawsuits May be Making Headway

Nossaman LLP on 2/3/2021

We have been following for some time now the COVID-19 takings lawsuits that have been popping up since California’s first closure orders. As we previously reported, these cases did not seem to be making much traction in the...more

Constitutional Challenges to Proposed Retroactive COVID-19 Coverage Legislation

Foley & Lardner LLP on 11/6/2020

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

CDC Issues Eviction Moratorium, but Will It Survive Legal Challenge?

Bradley Arant Boult Cummings LLP on 9/8/2020

The Centers for Disease Control (CDC) recently issued a sweeping moratorium on most evictions through the end of 2020 as a means to stop the spread of COVID-19, which will go into effect on September 4, 2020. According to...more

Hazard Pay During COVID-19: New Laws For Essential Workers

McManis Faulkner on 8/25/2020

This article follows an earlier article on hazard pay.... Hazard pay legislation is expanding nationwide at all levels of government. The growth in calls for hazard pay is the result of a shift in perception of the types of...more

Unprecedented: COVID-19 Litigation Trends - Issue 18, 2020

Spilman Thomas & Battle, PLLC on 8/5/2020

This 18th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us return to what, even in these early days of the pandemic, must be considered as some of the hottest topics. Thus, we discuss new...more

COVID-19 Litigation Trends, Issue 14

Spilman Thomas & Battle, PLLC on 7/13/2020

This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more

COVID-19 Orders: Government Takings?

Best Best & Krieger LLP on 7/9/2020

In Law360, BB&K's Gene Tanaka and Emily Chaidez Evaluate if COVID-19 Orders are Temporary Takings - The COVID-19 pandemic is an unprecedented modern public health and economic crisis that has resulted in extraordinary...more

Update on COVID-19 Takings Cases

Nossaman LLP on 6/26/2020

As you may recall, it wasn’t too long after the Governor issued his executive order mandating the closure of certain businesses in California that the first takings lawsuit was filed. (See our coverage of Gondola Adventures,...more

Unprecedented: COVID-19 Litigation Trends, Issue 7

Spilman Thomas & Battle, PLLC on 5/22/2020

This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits...more

Inverse Condemnation and Government Pandemic Response

Carlton Fields on 5/22/2020

“No person shall ... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”...more

Unprecedented: COVID-19 Litigation Trends - Issue 6

Spilman Thomas & Battle, PLLC on 5/14/2020

This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more

Constitutional Challenges to State Actions in Response to COVID-19

Morgan Lewis on 5/13/2020

State government actions in response to the coronavirus (COVID-19) pandemic—from closing businesses and limiting travel to lifting those restrictions—raise potential constitutional questions. Federal lawsuits challenging the...more

The U.S. Supreme Court Sides with PA on the Shutdown Showdown—for Now

Spilman Thomas & Battle, PLLC on 5/12/2020

On referral from Justice Alito to the full court, the Supreme Court of the United States on Wednesday denied an application to halt the enforcement of Pennsylvania Governor Wolf’s shutdown order. As we reported earlier, the...more

COVID-19 Takings Lawsuit Filed in California

Nossaman LLP on 5/11/2020

As first reported by our good friends at inversecondemnation.com, a lawsuit has been filed in California alleging that the response by state and county agencies to the COVID-19 situation violates the state and federal...more

More Emerging Litigation Claims and Demands from COVID-19

Spilman Thomas & Battle, PLLC on 5/1/2020

In this webinar, Spilman Members Niall Paul and Joseph Schaeffer discuss the developing risks and civil liabilities associated with COVID-19 and operating businesses including wrongful death or personal injury claims relating...more

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

Spilman Thomas & Battle, PLLC on 4/30/2020

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

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