Statute
Fifth Amendment
430 published works
Simple Justice
Tuesday Talk*: Who Pays When Cops Destroy?
Vicki Baker didn’t do anything wrong. She didn’t ask for or facilitate Wesley Little entering her house with a teenage girl, later released. She didn’t let him refuse to leave.…
Zalma on Insurance
Fifth Amendment Applies in Civil Case
By Barry Zalma
Fifth Amendment Protects Drunk Driver & Bars Where He Drank Post 4909 See the full video at https://rumble.com/v5i6q5n-fifth-amendment-applies-in-civil-case.html and at https://youtu.be/BPfql1VMFSw Plaintiffs sued Taylor Brock Peters for injuries they sustained…
inversecondemnation.com
No SWAT Takings In CA6: Police’s Power To Arrest Includes Privilege To Damage Property
If there's a silver lining in the U.S. Court of Appeals for the Sixth Circuit's opinion in Slaybaugh v. Rutherford County, No. 23-5765 (Sep. 3, 2024), a case about what we…
Paul W. Mollica Federal Courts Blog
Ninth Circuit Resolves Intracircuit Conflict on Law-of-the-Case, Tightening Standard for Successor Judge Reconsideration of Prior Decisions
In Zeyen v. Bonneville Joint Dist., No. 23-35438 (9th Cir. Aug. 23, 2024), the Ninth Circuit holds that when an open case is reassigned to a new district court judge,…
NJ Family Legal Blog
Yes, The Fifth Amendment Does Apply to Domestic Violence Proceedings
a trial court may not draw an adverse inference in an FRO proceeding based solely upon defendant's decision to invoke his Fifth Amendment right to not testify
inversecondemnation.com
Unpublished Wednesday: Eviction Moratorium Taking, Excessive Fines Taking, And 1983 Zoning Statutes Of Limitations
Here are three federal circuit opinions, all unpublished. None of them worthy of a stand-alone post, but also not to be overlooked entirely.GHP Management Corp. v. City of Los Angeles,…
Last Month at the Supreme Court
Supreme Court Decisions Provide New Guidance on Securities, Arbitration, and Land-Use Law
By Chantel Febus, James Azadian, Monika Harris, Christopher Sakauye, Puja R. Valera, A. Joseph Duffy IV, Dykema
The Supreme Court recently issued several unanimous decisions affecting a range of legal areas.
inversecondemnation.com
New Article: “Eminent Domain, the Fifth Amendment Takings Clause, and the Rule of Law” (Steve Davis, Social Education Journal)
Check this out. Friend and colleague Steve Davis has authored "Eminent Domain, the Fifth Amendment Takings Clause, and the Rule of Law," 88 Social Education J. 1 (2024).As summarized on the…
Government Contracts Legal Forum
Does Government Disclosure of a Company’s Trade Secrets Amount to an Unlawful Taking Under the Fifth Amendment?
In Vanda Pharmaceuticals, Inc. v. United States, No. 23-629C (Fed. Cl. 2024), 2024 WL 201890, the Court of Federal Claims (COFC) addressed whether government disclosure of a company’s trade secrets and…
Trade Secrets Trends
VANDA Pharmaceuticals States a Fifth Amendment Claim against the Government for Taking a Trade Secret
By Raija Horstman, Crowell & Moring
The legal battle between VANDA Pharmaceuticals, Inc. and the United States government provides guidance on the minimum requirements that the government must meet to protect trade secrets provided during the regulatory…