Lawyer Commentary LexBlog United States New Cert Petition: To Assert A Contracts Clause Claim, Must You Predict Futurelaw?

New Cert Petition: To Assert A Contracts Clause Claim, Must You Predict Futurelaw?

Document Cited Authorities (3) Cited in Related

Here’s a recently-filed cert petition raising questions in a challenge to Los Angeles’ County’s imposition of ban on commercial evictions during Co-19. A lot of other jurisdictions around the country imposed eviction restrictions or prohibitions on residential properties, but LA County stood alone in restricting commercial evictions.

This one asks whether a party is categorically barred from asserting a claim that a local government impaired a contract solely because other jurisdictions had adopted or were adopting similar restrictions (although here, those restrictions affected only residential leases), and thus had no expectation of having his contract unimpaired.

This is out of our shop, so we’re not going to say much more about it except to post the Question Presented:

In response to the COVID-19 pandemic, the County of Los Angeles enacted a moratorium that prohibited commercial landlords from, among other things, evicting defaulting tenants and demanding immediate payment...

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