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January 5, 2022

No Relief For The Inn: Business Income Losses Due To Government’s Covid-19 Shutdown Orders Are Not “Physically Caused” By Covid-19 So Not Covered By Standard Commercial Property Insurance

Addressing an issue of first impression in California, the Court of Appeal for the Second District has confirmed that businesses compelled to cease operations as a result of governmental directives issued in response to the COVID-19 pandemic cannot look to their property insurance carriers to cover the lost business income. 

September 16, 2021

Keep Out And Stay Out: The Cedar Point Decision And The Landowner’s Sine Qua Non Right To Exclude Others (Maybe Sometimes Even A Government Official)

The latest United States Supreme Court decision in the contested ground of Fifth Amendment takings law, Cedar Point Nursery v. Hassid, is yet another chapter in the long-standing argument regarding the distinction between “regulation” of the use of private property by its owner, and “physical invasion” or “appropriation” of property by the government.