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· 11/6/1998

Federal Case

Citations

  • 159 F.3d 670
  • 1998 U.S. App. LEXIS 29362

How courts have described this case

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

  • holding plaintiff was likely to succeed on its takings claim because a state statute mandating disclosure of products' ingredients list (a valuable trade secret
  • recognizing the “reality that a governmental entity which creates a market’s supply or sets its prices may be expected to alter property rights in the course of modifying its regulations”
  • affirming a preliminary injunction that was based on a facial takings claim
  • “[Permission to continue operating a lawful business is not the type of government benefit on which a Monsanto-type exchange validly may be predicated.”
  • “[T]he mere granting of permission to engage in routine activities, incident to existing property rights, does not afford compensation sufficient to support a Monsanto-like exchange.”
  • “Likelihood of success is the touchstone of the preliminary injunction inquiry.”

Source: CourtListener parenthetical corpus (CC0).

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.