Federal Circuit Allows Takings Claims for U.S. COVID Eviction Moratorium

• The Federal Circuit refused to rehear a decision allowing residential landlords to seek compensation from the government for lost rent from the CDC’s COVID-era Eviction Moratorium.
• In concurring with the denial, one judge emphasized that the case would benefit from U.S. Supreme Court review.
• If the Supreme Court does not intervene, the Federal Circuit’s decision potentially exposes the federal government to billions of dollars of liability from residential landlords.

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