No. 18-1512

Michael McClain, et al. v. California Department of Tax and Fee Administration, et al.

Lower Court: California
Docketed: 2019-06-05
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure constitutional-law constitutional-violation due-process escheat private-property property-rights standing statutory-scheme takings-clause
Key Terms:
DueProcess Takings JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Does a State violate the Due Process Clause and trigger a right to just compensation under the Takings Clause when it permanently escheats private property from an intermediary to itself under a statutory scheme that denies standing to the real parties in interest, including denying them any right to a judicial or administrative procedure by which to reclaim their private property?

Question Presented (OCR Extract)

QUESTION PRESENTED Does a State violate the Due Process Clause and trigger a right to just compensation under the Takings Clause when it permanently escheats private property from an intermediary to itself under a statutory scheme that denies standing to the real parties in interest, including denying them any right to a judicial or administrative procedure by which to reclaim their private property? ii LIST OF ALL PARTIES who are petitioners before this Court, are three California individuals who are insulin-dependent diabetics: Michael McClain, Avi Feigenblatt and Gregory Fisher. The governmental below is the California Department of Tax and Fee Administration which, in 2017, succeeded to the tax-related duties, powers, and responsibilities of the California State Board of Equalization. This Petition will refer to those two departments as “the State Board.” The State of California and its above mentioned two departments are referred to collectively as “the State.” The non-governmental are certain chain pharmacies doing business in California. The California Supreme Court’s ruling in favor of the Respondent pharmacies—unlike its ruling in favor of the State—does not implicate an important question of federal law. Accordingly, Petitioners have recently settled with the Respondent pharmacies in exchange for a waiver of costs incurred to date. The Respondent pharmacies are therefore only nominal parties in the proceedings before this Court.* * The identities of the Respondent pharmacies are SAV-ON DRUGS, a Delaware corporation; LONGS DRUG STORES CORPORATION, a Maryland corporation, LONGS DRUG STORES CALIFORNIA, INC., a California corporation; RITE AID CORPORATION, a Delaware corporation; WALGREEN CO., an Illinois corporation; TARGET CORPORATION, a Minnesota corporation; ALBERTSON'S, INC., a Delaware corporation; THE VONS COMPANIES, INC., a Michigan corporation, doing business as VONS and as PAVILLIONS; VONS FOOD SERVICES, INC., a California corporation; and WAL-MART STORES, INC., a Delaware corporation.

Docket Entries

2019-10-07
Petition DENIED.
2019-06-12
DISTRIBUTED for Conference of 10/1/2019.
2019-06-06
Waiver of right of respondent California Department of Tax and Fee Administration to respond filed.
2019-05-31
Petition for a writ of certiorari filed. (Response due July 5, 2019)

Attorneys

California Department of Tax and Fee Administration
Janill L. RichardsCalifornia Department of Justice, Office of the Solicitor General, Respondent
Michael McClain, et al.
Bruce Russell MacLeodLaw Offices of Bruce R. MacLeod, Petitioner