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Pretext

81 published works

  1. inversecondemnation.com

    Hawaii Superferry II: Rooting Out Pretext In Legislative Actions

    By Robert H. Thomas

    "Unlike Bulgo, in this case there is no evidence in the record that any company, other than Superferry, met the definition provided by section 2 when Act 2 was enacted."Sierra…

  2. inversecondemnation.com

    More On Pretext In Eminent Domain

    By Robert H. Thomas

    Following up on this story, West Hawaii Today reports "Attorneys argue against Supreme Court ruling on bypass," about whether a second attempt to condemn property ostensibly for a road ispretextual…

  3. inversecondemnation.com

    Determining Eminent Domain Pretext In Serial Takings

    By Robert H. Thomas

    As reported in this story from West Hawaii Today, a Hawaii trial court is considering whether a second attempt to condemn property ostensibly for a road is pretextual when it determined the…

  4. inversecondemnation.com

    State & Local Government Condemnation Committee Links

    By Robert H. Thomas

    Here are links to the cases discussed on the conference call this morning: County of Hawaii v. C & J Coupe Family Limited Partnership, No. 28882 (Dec. 24, 2008) -…

  5. inversecondemnation.com

    Amicus Brief in Goldstein v. Pataki Eminent Domain Pretext Case

    By Robert H. Thomas

    The Institute for Justice, the attorneys who represented Susette Kelo in Kelo v. City of New London, 545 U.S. 469 (2005), the decision in which the US Supreme Court held…

  6. inversecondemnation.com

    Government Brief in Kona Eminent Domain Appeals: Damages for Failed Condemnations, Abatement, and Pretext

    By Robert H. Thomas

    The County of Hawaii filed its Answering Brief (2.5mb pdf) in County of Hawaii v. Richards, No. 28882, the consolidatedappeal from two eminent domain lawsuits filed by the County in…

  7. inversecondemnation.com

    More on DC Decision on Evidence of Pretext in Public Use Challenges

    By Robert H. Thomas

    More on Franco v. National Capital Revitalization Corp., No. 06-CV-645 (July 12, 2007), a decision from the District of Columbia Court of Appeals about the level of proof needed to…

  8. inversecondemnation.com

    DC Court: Evidence of Pretext in Public Use Challenges

    By Robert H. Thomas

    Thanks to Property Prof Blog for tipping us off to a recent case involving claims of "pretext" in eminent domain cases from the District of Columbia Court of Appeals has…

  9. Labor Law Prof Blog

    En Banc MS Supreme Court Weighs In on ADEA Pretext Case

    By Workplace Prof

    In Cash Distributing v. Neely (Miss. Jan. 25, 2007) (en banc), the Mississippi Supreme Court found in a 5-3 en banc decision an ADEA plaintiff may prevail at trial without…

  10. Labor Law Prof Blog

    Judge Posner Seeks to “Lay Title VII Dictum to Rest”

    By Workplace Prof

    Thanks to Robert Loblaw and his Decision of the Day Blog for pointing out to me this interesting opinion from the 7th  Circuit Court of Appeals (Forrester v. Rauland-Borg Corp.,…