Constitution — Fifth Amendment
Challenging government infringement of property rights under the Fifth Amendment’s Takings Clause is one of the cornerstones of our practice. Since the Firm’s founding, we have been at the forefront of property-rights litigation, and our cases have repeatedly broken new legal ground and turned back egregious instances of government abuse. Our pioneering litigation in this area has earned us the respect of judges and elite lawyers across the country.
Our attorneys have decades of experience defending companies and individuals against government overreach in high-stakes litigation. The firms we have represented span every corner of the American economy, from financial institutions to pharmaceutical companies, mining ventures to the telecommunications industry. In bet-the-firm disputes when a business’s most significant assets are on the line, companies have repeatedly turned to Cooper and Kirk for counsel and defense against the government’s appropriation of their property. The results speak for themselves: we have secured hundreds of millions of dollars for property owners from States and the federal government.
As in the Firm’s other practice areas, our attorneys’ unparalleled experience in Fifth Amendment Takings-Clause cases extends to both trial and appellate litigation. We have won dispositive motions, chalked up trial victories, and prevailed on appeal in courts throughout the land. Our experience in Fifth Amendment litigation has also led in particular to a deep competency in handling complex cases in the U.S. Court of Federal Claims and the U.S. Court of Appeals for the Federal Circuit—the courts where much of the Takings-Clause litigation against the federal government is heard.
Our unyielding defense of the interests of our clients in this area is also in harmony with our Firm’s most basic commitments. Simply put, we are passionate about the Constitution’s protection of property owners, and our Fifth Amendment litigation is grounded in the fundamental, deeply held belief that no value is more important to America’s constitutional order than the inalienable right to private property.