Litigation & Arbitration,
Covid Columns,
Constitutional Law
May 31, 2022
COVID shutdowns and the Constitution
An unused gym or restaurant is merely an empty shell of a building, not something economically beneficial or productive. Neither this court nor the others attempts to explain how that can be.





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.
The years during which various governmental orders compelled the closure of businesses because of concerns about the COVID-19 pandemic have brought the one thing that lawyers can always count on: litigation. Indeed, we noted some of the early complaint filings some time ago. See “A smorgasbord of rental takings cases,” Daily Journal, Aug. 25, 2021. Cases are now being decided and some substantive examination seems in order.
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