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Takings Clause State and Local Government Coronavirus/COVID-19

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

Ballard Spahr LLP

Pennsylvania Supreme Court Weighs In: COVID-19 Shutdown Is Not an Unconstitutional Taking

Ballard Spahr LLP on

On Monday, in Friends of Danny DeVito v. Wolf, a divided Pennsylvania Supreme Court rejected a constitutional challenge to Governor Tom Wolf’s executive order closing non-life sustaining businesses. ...more

Ballard Spahr LLP

Do the COVID-19 Shutdowns Constitute Takings Or Due Process Violations?

Ballard Spahr LLP on

A class-action lawsuit filed in the Eastern District of Pennsylvania late last week alleges that Governor Wolf’s orders closing non-life sustaining business constitute a taking requiring just compensation under the Fifth...more

Brownstein Hyatt Farber Schreck

Can State and Local Government Seize Your Private Property During a Global Pandemic?

Hotels, parking lots, convention centers and sports fields throughout the world are being used as field hospitals and to otherwise house people suffering from the effects of COVID-19. For example, one hotel in Hong Kong has...more

Akin Gump Strauss Hauer & Feld LLP

COVID-19: Emergency Powers and Constitutional Limits

- Our country is in a national state of emergency over COVID-19. Almost every state has declared its own state of emergency, and many states have started invoking their emergency powers. - An emergency does not allow...more

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