Freddie Mac-No Politics (FMCC)

[clarencebeaks21]

"Do you know for sure whether or not punitive damages are off the table in federal court on temporary or permanent unconstitutional taking cases were the federal government acts with malice?"

Robert, I do not know to a certainty. IMO such punitive damages are *theoretically* STILL available. But it would be a rare bird, a true case of first impression for each court to consider, and such a rare award IMO would very likely go up on Writ of Cert to SCOTUS who would then reverse it, for any number of reasons, none I necessarily think are entirely persuasive, but that's that. Better off taking just compensation as the gift horse in a settlement, rather than pushing to trial, let alone all the way to the horse-trading of SCOTUS & federal friends. Just keeping it real.