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· 5/15/2008

Huntleigh USA Corporation v. United States

Citations

  • 525 F.3d 1370
  • 2008 U.S. App. LEXIS 10437
  • 2008 WL 2051966

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Government action having the effect of frustrating plaintiff’s “business expectations . . . does not form the basis of a cognizable takings claim.”
  • holding that “Omnia foreclosed the existence of a compensable taking” under similar circumstances
  • rejecting takings claim where “the government has not appropriated for its own use any property owned by Huntleigh”
  • stating that Air Pegasus of D.C., Inc. “is indistinguishable from this case because in both Air Pegasus [of D.C., Inc.] and this case the party alleging a taking, rather than having its own property taken, saw its business interests frustrated by governmental regulation of third parties”
  • in turn quoting American Pelagic Fishing Co. v. United States, 379 F.3d 1363, 1372 (Fed. Cir. 2004)
  • no direct taking even where congressional action rendered the going concern value of the plaintiff’s business “worthless”

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Mayer, Schall

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.