Recent Articles

New Filings in Indian Trust - Regulatory Takings Case

Mark M. Murakami
September 09, 2010 01:46

New Amicus briefs were filed in support of the Tribe in the case of United States v. Toohono O'odham Nation. Colorado River Indian Tribes brief here. Chamber of Commerce brief here. Osage Nation brief here. Our brief, filed on behalf...New Amicus briefs were filed in support of the Tribe in the...

Regulatory Takings Claims against Uncle Sam: Amicus Brief Filed in Indian Trust Case

Mark M. Murakami
September 03, 2010 00:31

We just filed an amicus curiae brief in the U.S. Supreme Court in an interesting case on a little-known jurisdictional statute that dramatically impacts two groups who have claims against the federal government: Indian tribes and property owners. The statute...We just filed an amicus curiae brief...

New Admiralty Case from Eighth Circuit - In re Fitzgerald Marine & Repair

Mark M. Murakami
August 23, 2010 19:05

New maritime contract case from the Eighth Circuit Court of Appeals. The issue is contribution and indemnity provisions relating to the repair of vessels. The case is In re Fitzgerald Marine & Repair, 2010 U.S. App. LEXIS 17000 and the...New maritime contract case from the Eighth Circuit...

CJ Confirmation Hearing for Justice Mark Recktenwald: Live Blog

Mark M. Murakami
August 23, 2010 18:41

Stay tuned here or at www.inversecondemnation.com for live blogging of the Senate confirmation hearing for the nomination of Mark Recktenwald as Chief Justice of the Hawaii Supreme Court. Hawaii Senate Judiciary Hearing on Recktenwald Appointment as Chief JusticeStay tuned here or at...

Heroism, Medals and Lies: Ninth Circuit Strikes Down the Stolen Valor Act

Mark M. Murakami
August 18, 2010 01:26

A divided panel of the Ninth Circuit Court of Appeals has found the Stolen Valor Act unconstitutional. The decision in the case of United States v. Alvarez can be downloaded here (76 pages so don't just print!) The Stolen Valor...A divided panel of the Ninth Circuit Court of Appeals has found the...

New Marine Insurance Case from Fifth Circuit - Great Lakes Reinsurance (UK) PLC v. Durham Auctions Inc.

Mark M. Murakami
August 17, 2010 17:59

Found this new-er marine insurance case from the Fifth Circuit Court of Appeals (ok, I'm cleaning out the in-tray). The case name is Great Lakes Reinsurance (UK) PLC v. Durham Auctions Inc., and the official opinion can be found here....Found this new-er marine insurance case from the Fifth...

New Maintenace & Cure Case from Third Circuit - Delaware River & Bay Authority v. Jan D. Kopacz

Mark M. Murakami
August 17, 2010 03:22

New Maintenance & Cure case from the Third Circuit Court of Appeals. The case is Delaware River & Bay Authority v. Jan D. Kopacz, 2009 U.S. App. LEXIS 21260, and the original opinion can be found here. Facts: a commuter...New Maintenance & Cure case from the Third Circuit Court of...

New Admiralty Case from Eighth Circuit - Boudwin v. Hastings Bay Marina

Mark M. Murakami
August 17, 2010 02:51

That first step is a doozy. At least on the Lovie Dovie it is. New admiralty (though it reads like a premises liability case) case from the Eighth Circuit Court of Appeals. The case is Boudwin v. Hastings Bay Marina,...That first step is a doozy.  At least on the Lovie Dovie it is. New...

To Rob or Not To Rob - Musings on Pirates

Mark M. Murakami
August 16, 2010 20:07

The Wall Street Journal Law Blog today reports on the federal prosecution of Somali pirates and the difficult question of who is a pirate. The challenge of prosecuting modern day criminal activity with relatively ancient statutes is not for the...The Wall Street Journal Law Blog today reports on...

New LHWCA Case from Fifth Circuit - Cooper v. Int'l Offshore Servs.

Mark M. Murakami
August 14, 2010 22:58

New LHWCA and Jones Act case from the Fifth Circuit Court of Appeals. The case sets out the impact of a LHWCA settlement on a claimant's other non-LWHCA claims (i.e. Jones Act, Maintenance & Cure). The case is Cooper v....New LHWCA and Jones Act case from the Fifth Circuit Court of Appeals. ...