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COVID-19 Update: Takings Lawsuits May be Making Headway | Nossaman LLP

[author: Jillian Friess]  We have been following for some time now the COVID-19 takings lawsuits that have been popping up since California’s first closure orders. As we previously reported, these cases did not seem to be making much traction in the courts. However, one ongoing case in the United States District Court for the Southern District of California may be trending in the opposite direction. In the case of Bols v. Newsom (2021 U.S. Dist. LEXIS 15237), Plaintiffs’ businesses (commercial landlord, hair and nail salons) were deemed non-essential per the public health orders and experienced the revolving door of business openings and closures. Plaintiffs asserted a variety of claims, including takings claims under Federal and state laws. Defendants moved to dismiss all seven COVID-19 related claims. The Court denied all motions to dismiss, allowing this COVID-19 takings case to continue forward.

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