News & Analysis as of

Regulatory Takings Fifth Amendment 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

Hicks Johnson

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

Hicks Johnson on

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

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

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

Husch Blackwell LLP on

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...

BakerHostetler on

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?

Nossaman LLP on

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

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