Fairholme Funds, Inc., et al. v. United States, et al.
Takings
If the United States causes a company to transfer to the United States for the public benefit private shareholders' rights incident to their ownership of shares in the company, do the private shareholders have a direct, personal interest in a cause of action challenging that taking?
QUESTIONS PRESENTED 1. If the United States causes a company to transfer to the United States for the public benefit private shareholders’ rights incident to their ownership of shares in the company, do the private shareholders have a direct, personal interest in a cause of action challenging that taking? 2. Were the rights to future dividends and other distributions held by petitioners cognizable property rights protected by the Takings Clause? These questions are raised by petitioners in Owl Creek Asia I, L.P., et al v. United States, No. 22(filed July 22, 2022) and Cacciapalle, et al., v. United States, No. 22(filed July 22, 2022), which both seek review of the same court of appeals decision.