The 3rd U.S. Circuit Court of Appeals has decided a plaintiff’s federal claims are not precluded when the plaintiff puts the defendants in a state action on notice that the federal claims are being split off and the defense never objects.
In the same ruling in R&J Holding Co. v. Redevelopment Authority of County of Montgomery , the panel ruled the redevelopment authority’s holding of a property title for five years is equivalent to a direct taking of the property and the property owner is entitled to compensatory damages under federal law even if it already collected attorney fees in fighting the condemnation action in state court.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
