Keep Your Options Open

By: Michael M. Berger
– Daily Journal

"When I teach takings litigation to law students (as I have for many years at several different law schools), I always urge them to proceed cautiously when pleading causes of action. Good advice in any substantive field, it applies with vigor to takings law because the law has been in a continuous state of flux over the last several decades. In fact, most of the landmark cases from the Supreme Court have been pleading cases in which the parties were forced to litigate all the way to the highest court in the land just to find out whether the complaint properly stated a cause of action."

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