Wednesday, December 24, 2008

McGuire v. United States (9th Cir. - Dec. 24, 2008)

Show me the money.

Okay, so that was fairly obvious. Since the plaintiff's name is Jerry McGuire. Since he filed for bankruptcy (so he clearly needs the money). And since he's suing the government -- initially successfully -- for over a million dollars in damages in a regulatory takings action.

Unfortunately for this particular Jerry McGuire, litigating against the government is even more complicated than negotiating with the Arizona Cardinals. Yes, he initially won in the bankruptcy court. But the district court reversed, holding that his claims weren't ripe. And while the Ninth Circuit disagreed with that point, McGuire's win was only temporary, as the next section of the opinion held that his action was only cognizable in the Court of Claims. So remanded and transferred ye shall be.

So it's a mixed bag for our Jerry. Does he get his seven figures? Nope. Does his loss get affirmed? No, not that either. It's a remand for you, my friend. Enjoy the next season of litigation.