Focus (Forum & Focus)
Apr. 8, 2009
Closing the Litigation Floodgates
A recent ruling is likely to increase use of a "reasonableness test" in flood damage cases, write Nossaman's Rick Rayl and Bradford Kuhn.
FOCUS COLUMN
By Rick E. Rayl and Bradford B. Kuhn For decades, courts and legal commentators alike have struggled with the proper liability standard in inverse condemnation cases arising from flood damage. Some have touted traditional strict inverse-condemnation liability, believing that strict liability is the only way to ensure that the costs of government conduct are spread among the public as a whole, avoiding one person's bearing a disproport...For only $95 a month (the price of 2 article purchases)
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