No. 22-100

Fairholme Funds, Inc., et al. v. United States, et al.

Lower Court: Federal Circuit
Docketed: 2022-08-02
Status: Denied
Type: Paid
Experienced Counsel
Tags: due-process government-taking just-compensation property-rights public-benefit shareholder-rights shareholders-rights standing takings-clause
Key Terms:
Takings
Latest Conference: 2023-01-06
Related Cases: 22-97 (Vide) 22-98 (Vide) 22-99 (Vide)
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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.

Docket Entries

2023-01-09
Petition DENIED.
2022-11-30
DISTRIBUTED for Conference of 1/6/2023.
2022-09-30
Motion to extend the time to file a response is granted and the time is further extended to and including November 9, 2022.
2022-09-29
Motion to extend the time to file a response from October 3, 2022 to November 9, 2022, submitted to The Clerk.
2022-08-08
Motion to extend the time to file a response is granted and the time is extended to and including October 3, 2022.
2022-08-05
Motion to extend the time to file a response from September 1, 2022 to October 3, 2022, submitted to The Clerk.
2022-07-22
Petition for a writ of certiorari filed. (Response due September 1, 2022)
2022-05-12
Application (21A711) granted by The Chief Justice extending the time to file until July 22, 2022.
2022-05-09
Application (21A711) to extend the time to file a petition for a writ of certiorari from May 23, 2022 to July 22, 2022, submitted to The Chief Justice.

Attorneys

Fairholme Funds, Inc., et al.
David H. ThompsonCooper & Kirk, PLLC, Petitioner
David H. ThompsonCooper & Kirk, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent