Wednesday, June 30, 2021 1:26:17 AM
Hi KT, without looking too far out into the horizon, i think the Breach of contract claims under Lamberth will give an indication how much progress we can get from takings claims. When i read Lamberth's opinions it strikes me on how he has earlier ruled on the demerits of all regulatory takings which probably shd have "warned" us sufficiently on this SCOTUS verdict. But just as equally striking is the reasons he gave for allowing the implied covenants of fair dealings to proceed, illustrating quite succinctly that how that claims defer from regulatory takings in that there are clear evidence of fraud/unreasonableness behind the implementation of the NWS that goes beyond the lowest expectation of investors.
What do you think the govt will use at the back of the SCOTUS ruling in their summary judgement come end of year that may potentially change Lamberth's mind?
What do you think the govt will use at the back of the SCOTUS ruling in their summary judgement come end of year that may potentially change Lamberth's mind?
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