Legal Opinion
Sears v. United States
United States Court of Federal Claims
Decided December 22, 2015No. 12-889L and 13-404LPublishedCited by 4 opinions
1Opinion of the Court
Rails-to-trails takings case; class action; withdrawal from incomplete settlement agreement; absence of mutual agreement; division of a class into subclasses; RCFC 23(c)(5)
OPINION AND ORDER
Charles F. Lettow, Judge,
Before the court in this rails-to-trails takings case is plaintiffs’ notice of partial withdrawal from a nascent, incomplete settlement and motion to create subclasses. The court certified a class in July 2013 totaling 170 landowners in Marshall and Hardin Counties, Iowa whose land was part of the railroad line formerly operated by Iowa River Railroad, Inc. 1 After discovery and…
2Cases cited20 opinions
- Ortiz v. Fibreboard Corp.Supreme Court of the United States · 1999
- Thomas L. Jenkins v. United Gas Corporation and Allan B. CaldwellCourt of Appeals for the Fifth Circuit · 1968
- Robidoux v. CelaniCourt of Appeals for the Second Circuit · 1993
- Baltimore & Ohio Railroad v. United StatesSupreme Court of the United States · 1923
- Gaspar v. Linvatec Corp.District Court, N.D. Illinois · 1996
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3Cited by4 opinions
- Sears v. United StatesUnited States Court of Federal Claims · 2017
- Sears v. United StatesUnited States Court of Federal Claims · 2016
- BAUER v. United StatesUnited States Court of Federal Claims · 2025
- Sears v. United StatesUnited States Court of Federal Claims · 2017