News & Analysis as of

Regulatory Takings Coronavirus/COVID-19

Jenner & Block

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

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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

Otten Johnson Robinson Neff + Ragonetti PC

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

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

Nossaman LLP

COVID-19, Outdoor Dining, Street Closures and Takings?

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As the world continues to grapple with the devastating impacts from COVID-19, local government agencies finding ways to help local businesses survive while still complying with the complex maze of regulatory requirements. As...more

Jackson Walker

Texas Bar Owners Challenge Governor Abbott’s Executive Order GA-28

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Several bars across Texas have filed suit against Governor Greg Abbott challenging his executive orders related to the classification of bars and restaurants. On June 26, 2020, Governor Greg Abbott issued Executive Order...more

Nossaman LLP

COVID-19 Update: Courts Rule Limitations on Evictions Not a Taking

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In response to the COVID-19 pandemic a number of local jurisdictions throughout the country adopted ordinances freezing rents and prohibiting or limiting evictions. Not surprisingly, some landlords were not particularly...more

Hicks Johnson

Government-Mandated Closures: Who is Liable If Businesses Fail?

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Introduction - As U.S. companies struggle with government-mandated closures—including re-openings followed by rollbacks in states like Texas, Florida, and California—a growing number of businesses, especially in the...more

Best Best & Krieger LLP

COVID-19 Orders: Government Takings?

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

Ballard Spahr LLP

New Challenges to PA Governor’s COVID-19 Emergency Authority

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Private citizens have separately challenged Governor Tom Wolf’s COVID-19 executive orders as unconstitutional takings in federal district court and in the Pennsylvania Supreme Court. Learn more about those cases here: Friends...more

UB Greensfelder LLP

[Webinar] COVID-19 Collision between Landlords and Tenants: Legal Theories and Compromise Strategies - May 20th, 2:00 pm - 3:00 pm...

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As a result of COVID-19, landlords and tenants are coming face-to-face with legal theories that they may never have encountered before, such as force majeure, frustration of purpose, impossibility of performance,...more

Spilman Thomas & Battle, PLLC

More Emerging Litigation Claims and Demands from COVID-19

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

Troutman Pepper Locke

Regulatory Takings and Executive Power to Seize Property

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Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and respond. ...more

Spilman Thomas & Battle, PLLC

COVID-19 and Governmental Closures and Seizures Without Compensation? Condemnation or Reverse Condemnation? What Can You Do?

In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we are seeing more and more questions about the limits of...more

Husch Blackwell LLP

Taking Public Necessity To the Next Level

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What are a government’s risks when they deem a business not “essential” and require it to cease operations? Are such Emergency Orders effectively a “taking” of the business? And if so, will the governmental authority be...more

BakerHostetler

Does a Governmental Order Requiring that Businesses Close to Prevent the Further Spread of COVID-19 Amount to a Regulatory Taking...

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As governmental agencies issue mandates regarding COVID-19, many commercial tenants have been forced to shut down. To obtain relief, such as a rent abatement, a tenant could potentially argue that such governmental action...more

Nossaman LLP

Does the Coronavirus Shutdown Trigger a Regulatory Taking?

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With the recent government mandates surrounding COVID-19, many businesses are completely shut down and are legally unable to open their doors to the public.  ...more

Nossaman LLP

Governor’s Use of Emergency Power to Commandeer Property Requires Payment of “Reasonable Value”

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As COVID-19 spreads throughout the globe and the United States, our national, state and local governments are taking wide-reaching but necessary actions to respond to this novel coronavirus....more

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