TRANSPORTATION CASES
California Appellate Districts, May 09, 2008
California Highway Patrol v. Superior Court (Walker), No. C055614
Vehicle Code section 14602.6(a)(1) provides only discretionary authority to impound and therefore the California Highway Patrol cannot be held liable under Government Code section 815.6 for failing to perform a mandatory duty.
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U.S. Fed. Circuit Court of Appeals, May 15, 2008
Huntleigh USA Corp. v. US, No. 2007-5118
In a company's action against the government alleging, inter alia, that the Aviation and Transportation Security Act's (ATSA) transfer of responsibility for passenger and baggage screening resulted in an unconstitutional taking of its property without just compensation, a judgment against plaintiff is affirmed where: 1) plaintiff could not claim a taking since the ATSA did not regulate plaintiff directly but merely "frustrated" plaintiff's business expectations by reducing the demand for plaintiff's services; and 2) plaintiff was not entitled to compensation under ATSA section 101(g)(2) since it gives the government the power to assume the contracts but does not require it to do so.
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