Real Estate/Development,
Government
Dec. 28, 2022
Making a federal case out of title
If the statute of limitations is not jurisdictional, courts need to exercise discretion and apply tools like equitable tolling to determine whether to bar plaintiffs from court.
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.
Say you have a beef with the federal government over the ownership of some property. How do you resolve that? And how do you keep from running afoul of the old shibboleth about not making a federal case out of it? This used to be a serious problem because of little things like sovereign immunity. Lehman v. Nakshian, 453 U.S. 156, 160 (1981); see Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 567 U.S. 209, 215 (2012).
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