Textainer Equipment Management Limited v. United States

OPINION

FIRESTONE, Judge.

This is the court’s fifth decision in this case. 1 Previously, the court determined that the government’s decision to take title and possession of shipping containers that the government had leased from TOPtainer Container Management & Sales (“TOPtainer”), 2 but were owned by plaintiff, Capital Lease Limited (“Capital”), gave rise to a potential taking of property without just compensation in contravention of the Fifth Amendment to the U.S. Constitution. Textainer, 2012 WL 5465983, at *8. Specifically, the court found that the government’s decision to take title to and…