Inverse Condemnation Law
 
Rochester City Lines, Co. vs. City of Rochester et al.

This case involves two questions arising out of the City of Rochester’s selection of
a contractor to run its municipal bus service. The first question requires us to determine
the appropriate standard of review for an award of a government contract through a “best
value” bidding process, a method by which a government contractor is selected by
weighing various quantitative and

More...   $0 (08-19-2015 - MN)

State of Oklahoma ex rel. Oklahoma Bar Association v. Robert John Nichols

¶1 On June 16, 2015, the complainant, Oklahoma Bar Association (OBA), filed a verified complaint against the respondent, Robert John Nichols, pursuant to Rule 6 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S.2011, ch. 1, app. 1-A, and an application for emergency immediate interim suspension pursuant to Rule 6.2A of the RGDP. The OBA alleged instances of Respondent settling matters

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Colonies Partners v. Super. Ct

The November 2006 settlement agreement between County and Colonies, pursuant to which County paid Colonies $102 million, resolved a lawsuit brought by Colonies against County alleging that the County had taken 67 acres of Colonies’ land for use as part of a regional flood-control facility. That settlement was incorporated into a stipulated judgment, filed January 23, 2007.
The County satisfi

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Coppinger v. Rawlins

Prior to October 1980, the property in question, consisting of 2.43 acres in Riverside County, California, was owned by John and Nancy Robinson. The property is situated at the intersection of Nance Street and Clark Street in an unincorporated portion of Riverside County.
In October 1980, Robinson subdivided the property into Parcels 1 and 2, and dedicated Lots A through C, comprising thirty

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Cooper v. Takeda Pharmaceuticals

Takeda, a pharmaceutical company headquartered in Japan, manufactures pioglitazone, a prescription drug used to treat type 2 diabetes, marketed in the United States since 1999 under the brand name Actos®. In 2006, plaintiff Jack Cooper was prescribed Actos® to treat his type 2 diabetes. He took Actos® continuously until he was diagnosed with bladder cancer in November 2011.
Jack and Nancy

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Great Oaks Water Co. v. Santa Clara Valley Water Dist.

Prior to adoption of the District Act, the Santa Clara Valley was plagued by overdraft of the underlying groundwater basin, causing among other things the subsidence of land—with resulting disruption of roads and structures—and the intrusion of salt water into groundwater acquifers. A similar pattern marked much of the American settlement of California. Over the years the Legislature created n

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Alan Clukey v. Town of Camden

Portland, ME - First Circuit holds ambiguous contract clause favors laid off employee

Prior to being laid off, Alan
Clukey served as a police dispatcher for the Town of Camden ("the
Town") for thirty-one years. The sole issue on appeal, the second
one in this case, is whether the collective bargaining agreement
governing Clukey's employment contained an unambiguous conditi

More...   $0 (08-11-2015 - ME)

Keith Cressman v. Michael C. Thompson

In this case, we must decide whether Oklahoma’s depiction of a Native American
shooting an arrow towards the sky on its standard vehicle license plates compels
Appellant Keith Cressman to speak in violation of his First Amendment rights.
In a prior appeal, we determined that Mr. Cressman had alleged sufficient injury to
confer standing and that he had stated a plausible compelled-s

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Enbridge G & P (East Texas) L.P. v. Ben Samford and wife Bette Ann Samford, Cecil Jackson and wife Michelle Jackson and Sammy Monk

This is a condemnation case involving three tracts of land with separate ownership. Enbridge G & P (East Texas) L.P. appeals an award of damages in favor of the landowner condemnees, Ben Samford and wife, Bette Ann Samford; Cecil Jackson and wife, Michele Jackson; and Sammy Monk. In six issues, Enbridge complains of charge error and the failure of the trial court to exclude inadmissible damage tes

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United States of America v. Gregory McRae

New Orleans, LA - Fifth Circuit affirmed in part and reversed in part conviction of former New Orleans police office

In the aftermath of Hurricane Katrina, Henry Glover, a civilian, died after an encounter with a New Orleans police officer that left his severely wounded body in a car owned by William Tanner. After Glover died, another officer, Gregory McRae, with the corpse in the car, se

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JOANNE NEALE v. VOLVO CARS OF NORTH AMERICA, LLC; VOLVO CAR CORPORATION

Plaintiffs-Appellees Joanne Neale, Keri Hay, Kelly McGary, Svein Berg, Gregory Burns, David Taft, Jeffrey Kruger, and Karen Collopy (collectively “Plaintiffs”) filed suit on behalf of themselves and a nationwide class of current and former Volvo vehicle owners and lessees. Plaintiffs allege that a uniform design defect exists in the sunroof drainage systems in the following vehicles sold and leas

More...   $0 (07-23-2015 - )

Joanne Neale v. Volvo Cars of North America, L.L.C.

This appeal involves a putative class action brought by consumers from six states alleging that Appellants-Defendants Volvo Cars of North America, LLC and Volvo
4
Car Corporation (collectively “Volvo”) sold certain vehicles with defective sunroof drainage systems. Volvo challenges the grant of class certification by the U.S. District Court for the District of New Jersey. For the reasons th

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TIMOTHY C. MARTIN, v. BNSF RAILWAY COMPANY

Martin began working as a switchman/brakeman for BNSF on July 12, 2004. A
few months later, Martin was promoted to conductor after completing the required
training and exam. In December 2008, Martin was permanently assigned to work on the
conductors’ extra board in Whitefish. The extra board is a list of conductors who fill in
on an as-needed basis for absent workers. Condu

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The Branson Label, Inc. v. City of Branson

The Branson Label, Inc., a Florida corporation ("Florida Branson Label"),
appeals the district court's dismissal of its suit. 1 The district court found that Florida
Branson Label collusively manufactured subject-matter jurisdiction in violation of 28
U.S.C. § 1359. Florida Branson Label argues that the district court erred by adopting
the wrong legal test for determining collusion

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EOG Resources, Inc. v. Soo Line Railroad Company, d/b/a Canadian Pacific Railway

Soo Line Railroad Company and G-4, LLC appeal from a summary judgment declaring Soo Line does not own an interest in the minerals in and under certain Mountrail County property and G-4 does not hold a valid leasehold interest in the property. Soo Line and G-4 argue the district court erred in finding seven private deeds conveyed only easements and not a fee simple title to Soo Line's predecessor-i

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State of Oklahoma, ex rel., Department of Transportation v. Marshall J. Farr, et al.

Claremore, OK - State of Oklahoma, ex rel., Department of Transportation sued Marshall J. Farr and Vicki R. Farr, husband and wife, Bank of the Lakes, O'Reilly Auto Parts, the City of Catoosa, The Rogers County Treasurer and Cherokee Nation Enterprises, LLC on eminent domain seeking to obtain by condemnation certain rights, title and interests real property owned or in which the defendants had som

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Alpine Glass, Inc. v. Country Mutual Insurance Co.

Alpine Glass, Inc., appeals from an order confirming an arbitration award for
one of 482 claims it asserted against several insurance companies. Because
unresolved claims remain, because Alpine Glass did not obtain certification for an
interlocutory appeal, and because the order below is not a qualifying order pursuant
to Fed. R. Civ. P. 54(b), we lack jurisdiction to entertain thi

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Ann Teitelbaum v. South Florida Water Management District

Ann Teitelbaum and a group of private property owners (“the Plaintiffs”)
appeal the trial court’s order granting final summary judgment against their claims
for inverse condemnation and de facto constitutional takings, which they pursued
under a theory of “condemnation blight.” However, Florida law is quite clear that
condemnation blight, while relevant to the valuation of property

More...   $0 (07-08-2015 - FL)

Thomas J. McFarland v. A. Stephenson Wallace

After filing for bankruptcy in 2011, Thomas McFarland claimed a number of
exemptions from his bankruptcy estate. This appeal concerns two such claims,
which are opposed by Trustee A. Stephenson Wallace. Before us, McFarland
requests exemption for: (1) an annuity worth well over $150,000; and (2) the
nearly $15,000 cash surrender value of a whole life insurance policy. The
bankr

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United State of America v. Louis Ruggiero

Louis Ruggiero pleaded guilty to producing child pornography, in violation
of 18 U.S.C. § 2251(a). As a condition of that plea, he reserved the right to appeal
the district court’s denial of his motion to dismiss the indictment. On appeal, he
contends that § 2251(a), both facially and as applied, is unconstitutional under the
Fifth and Sixth Amendments because it does not requi

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United States of America v. Apple, Inc.

14 Since the invention of the printing press, the distribution of books has
15 involved a fundamentally consistent process: compose a manuscript, print and
16 bind it into physical volumes, and then ship and sell the volumes to the public.  
17 In late 2007, Amazon.com, Inc. (“Amazon”) introduced the Kindle, a portable
18 device that carries digital copies of books, known as

More...   $0 (07-02-2015 - NY)

Richard E. Glossip v. Kevin Gross

Prisoners sentenced to death in the State of Oklahoma
filed an action in federal court under Rev. Stat. §1979, 42
U. S. C. §1983, contending that the method of execution
now used by the State violates the Eighth Amendment
because it creates an unacceptable risk of severe pain.
They argue that midazolam, the first drug employed in the
State’s current three-drug protocol,

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Cash & Carry America, Inc. v. Roof Solutions, Inc.

The primary question in this case is whether a roofing contractor who performs work
on a structure owes a duty of care in tort to a third party owner of personal property inside
the structure. The answer is yes, although there are limits on the type of property damage
encompassed by this duty of care, as we shall discuss.
Cash & Carry America, Inc. (“CCA”), the appellant, is a

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Austin Jockey Club, Ltd. v. Dallas City Limits Property Co., L.P.

In two issues, appellant Austin Jockey Club, Ltd. (AJC) contends the trial court erred by granting a declaratory judgment that AJC’s termination of a stock purchase agreement with appellee Dallas City Limits Property Co., L.P. (DCL) was wrongful and ineffective and by awarding attorney’s fees to DCL. We affirm the trial court’s judgment.
Factual Background
In August 2005, Longhorn Do

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State of Oklahoma, ex rel. Department of Transportation v. North Yale Auto Parts, Inc.

Tulsa, OK - the State of Oklahoma, ex rel. Department of Transportation sued North Yale Auto Parts, Inc. on an eminent domain theory seeking to acquire by condemnation certain rights, title and interest in real property owned by the
Defendant for public use.

COMES NOW the Plaintiff, State of Oklahoma, ex rel. Department of Transportation (the Plaintiff”), and for its cause of actio

More...   $75000 (05-13-2015 - OK)

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