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Expert Analysis

The Grapes Of Wrath Part 2 — A Return To Horne

Law360, New York (June 16, 2014, 10:24 AM EDT) -- In June 2013, the U.S. Supreme Court issued a unanimous opinion in Horne v. Department of Agriculture (2013) 133 S.Ct. 2053, holding that California raisin handlers could maintain a takings claim as an affirmative defense to an enforcement action filed by the United States. While the Supreme Court's decision breathed momentary life into the takings claim, it did not eliminate the possibility that the U.S. courts of appeals would nonetheless declare the claim dead on arrival....

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