Wednesday, August 18, 2021 7:50:37 PM
Now do “Good faith and fair dealing” (implied covenant as well in Lamberth)
That's an entirely different ball of wax. The plaintiffs can receive whatever they can convince a judge/jury, plus appeals, to give them.
It still could end up being market prices but also may consider what the other party gained when the two parties froze out the third. (The government being both sides of the transaction freezing out all other ownership claims)
Right. What the government gained is only irrelevant in Fifth Amendment takings and illegal exaction cases according to the five Supreme Court cases.
The constant no-action lawsuit threateners would be well served to expand their line of attack beyond just the Fifth Amendment.
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