Legal Opinion
Theisen Vending Co. v. United States
United States Court of Federal Claims
Decided October 20, 2003No. 98-507CPublishedCited by 18 opinions
1Opinion of the Court
OPINION and ORDER
LETTOW, Judge.
This is a takings case brought by the owner and operator of a cigarette vending machine business, Theisen Vending Co., Inc. (“Theisen”). The plaintiff alleges that the Food and Drug Administration (“FDA”) effected a taking of its property without paying just compensation by adopting and enforcing regulations limiting the distribution and sale of tobacco products. Theisen’s complaint is premised upon an “as applied” regulatory taking as contrasted to a facial claim. Pending before the Court is defendant’s motion for summary judgment filed April 16, 2003. Theisen…
2Cases cited20 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- Vivid Technologies, Inc. v. American Science & Engineering, Inc.Court of Appeals for the Federal Circuit · 1999
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Tennessee Valley Authority v. United StatesUnited States Court of Federal Claims · 2004
- Rq Squared, LLC v. United StatesUnited States Court of Federal Claims · 2015
- Calvin v. United StatesUnited States Court of Federal Claims · 2005
- Flowers v. United StatesUnited States Court of Federal Claims · 2007
- H & H Wholesale Services, Inc. v. United StatesUnited States Court of International Trade · 2006
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