U.S. Supreme Court,
Civil Litigation,
Constitutional Law
Sep. 27, 2017
When is it not a constitutional taking case?
This month’s column will take a little detour and will analyze some misbegotten cases that lawyers sought to frame as takings cases (so as to gain the benefit of constitutional protection) but ended up only making themselves (and, by extension, the takings bar generally) look foolish.
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
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.
TAKINGS TALK
The normal focus of this column is to examine what it takes to properly allege a constitutional property violation, a taking of property within the meaning of the Fifth Amendment to the United States Constitution or Article I, section 19 of the California Constitution. This month’s column will take a little detour and will analyze some misbegotten cases that lawyers sought to frame as takings cases (so as to gain the benefit of co...
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