United States Federal Circuit

In a suit for overtime compensation under the Takings Clause, plaintiffs' complaint is dismissed where they do not have a cognizable property interest in underpaid overtime compensation within the meaning of the Takings Clause of the Fifth Amendment.

Appellate Information

• Decided 12/09/2004
• Published 12/09/2004

Judges

• MICHEL, Circuit Judge., Before MICHEL, RADER, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Richard P. Bress, Latham & Watkins LLP, of Washington, DC, argued for plaintiffs-appellants.   With him on the brief was J. Scott Ballenger and Nathaniel A. Vitan, Of counsel on the brief were Jules Bernstein and Linda Lipsett, Bernstein & Lipsett, of Washington, DC;  and Edgar James, James & Hoffman, of Washington, DC., Michael E. Malamut, New England Legal Foundation, of Boston, Massachusetts, for amicus curiae New England Legal Foundation., Lawrence Berger, Mahon & Berger, of Garden City, New York, for amicus curiae Federal Law Enforcement Officers Association.


• For Appellees:
  
• Shalom Brilliant, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director.