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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

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.

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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...

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