Constitutional Law,
Civil Litigation,
California Courts of Appeal
Dec. 4, 2020
A plea for publication: ruling on common takings issue
The case warrants the publicity of publication because it discusses an issue that arises with some regularity, but does not usually involve enough money to make extensive litigation advisable.
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
When I was a callow research attorney half-a-century ago, an appellate justice advised me that the rules for publishing Court of Appeal opinions ought to be stringently applied. In his view, any issue that was clear enough that any decent judge ought to arrive at the same conclusion was not necessary to publish. Besides, unnecessary publication simply meant that lawyers had to buy more books (as the official and unofficial sets of reported decisions...
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