US Court of Appeals for the Federal Circuit Denies Justice Department Motion for Rehearing

WASHINGTON, DC – October 6, 2010 – Arent Fox LLP announced today that the US Court of Appeals for the Federal Circuit has denied the US Department of Justice’s motion to rehear the court’s unanimous decision issued May 3 in a closely followed case involving landowners suing the federal government as a class in a takings dispute over a federal program to convert railroad lines into recreational trails. The Federal Circuit’s denial of the Justice Department’s motion was a significant victory for Arent Fox’s client.

Legal observers have noted this case could dramatically change the rules for plaintiffs who file big-money class actions against the federal government.

The court’s denial of the motion for an en banc review of its May 3 decision in Bright, et al. v. United States came after the court broke with its usual procedure and requested the party opposing the motion for rehearing submit a brief outlining its opposition. Arent Fox, led by Thor Hearne, a nationally known authority in constitutional and eminent domain litigation, and Roy Silva, a litigation partner in the firm’s Los Angeles office, prepared the brief opposing the Justice Department’s request for an en banc rehearing of the case.

Arent Fox’s brief filed with the Federal Circuit may be read by clicking here.

For additional background information on Bright, et al. v. United States, including the Federal Circuit opinion dated May 3 and the audio of the oral argument held December 11, 2009, please click here.

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About Arent Fox:
Arent Fox LLP (www.arentfox.com), with offices in Washington, DC, New York City, and Los Angeles, is a recognized leader in areas including intellectual property, real estate, telecommunications, health care, automotive, sports, white collar, international trade, bankruptcy, and complex litigation. With more than 350 lawyers nationwide, Arent Fox has extensive experience in corporate securities, financial restructuring, government relations, labor and employment, finance, tax, corporate compliance, and the global business market. The firm represents Fortune 500 companies, government agencies, trade associations, foreign governments and other entities.