Category: Uncategorized

April 6th, 2022

Federal Circuit Deals Blow to Veterans Seeking Disability Retirement Pay for Post-Discharge PTSD and TBI Diagnoses, Reaffirms Narrow Application of “Accrual Suspension Rule” for Tucker Act Claims

The Court of Appeals for the Federal Circuit dealt a blow last week to veterans seeking disability retirement pay for Post-Traumatic Stress Disorder (PTSD) and…

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January 18th, 2022

Power Companies Beware: Changes of Law Can Black Out Unilateral Incentive Contracts

The Fourth Circuit Court of Appeals gave power companies a harsh lesson in governmental immunity and unilateral contract theory Friday, holding that a large power…

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October 21st, 2021

AMTAX and Riseboro: Two Roadmaps for Analyzing ‘Embedded’ Federal-Question Jurisdiction in LIHTC ROFR Cases

As discussed in another recent post, the U.S. Court of Appeals for the First Circuit held last week that a party cannot invoke federal-question jurisdiction…

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October 18th, 2021

First Circuit: Validity of Rights of First Refusal Granted under Federal Low-Income Housing Tax Credit Statute Is Not Necessarily a Federal Question

Parties to Low-Income Housing Tax Credit (“LIHTC”) exit disputes looking to bring their claims in federal court face a tougher path after an important jurisdictional…

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