Constitutional Law
Apr. 18, 2024
Don’t make a federal case of it
In DeVillier v. Texas, the state removed a takings claim from state court to federal court and then argued that there was no federal jurisdiction over the state. In response, the U.S. Supreme Court held that Texas law provided a sufficient procedural vehicle to raise the federal takings claim in federal court.
Michael M. Berger
Senior Counsel, Manatt, Phelps & Phillips LLP
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Los Angeles , CA 90067
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Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
Admit it; it was one of the first things you heard in law school — you know, the old saw about not making a federal case of something. Presumably, federal cases are simply more complex than more run-of-the-mill state cases. One case, hot off the U.S Supreme Court press, that helps to illustrate this point is DeVillier v. Texas, no. 22-913 (Apr. 16, 2024). DeVillier began with a little game-playing by the State of...