U.S. Supreme Court Clarifies Just Compensation In Tax Foreclosure Cases
The Supreme Court of the United States held that when a tax foreclosure auction is conducted fairly, the proper baseline for measuring just compensation after a tax sale is the auction sale price, not the property’s hypothetical fair market value. The Court vacated the lower court’s decision and remanded for further proceedings consistent with its opinion.
SCOTUS Holds State Affidavit-of-Merit Requirements Do Not Apply in Federal Court
State law requirements which impose different or additional requirements on pleadings filed in federal court are not enforceable if they conflict with the Federal Rules of Civil Procedure, even if the state law would qualify as “substantive law.” Thus a Delaware law which required the filing of an affidavit of merit with a medical malpractice complaint is not enforceable if a medical malpractice complaint is filed in federal court.