Lynch v. United States
Is it still good law? What later courts have actually done to this case.
Status
83 later cases cite Lynch v. United States; 83 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Lynch v. United States?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Limited
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The Court of Claims confined Lynch's contract-taking rule to congressional abrogation and declined to extend it to unilateral interference by an executive official.
Sun Oil Co. v. United States · United States Court of Claims · filed
In Lynch, v. United States, 292 U.S. 571, 579 (1934), relied on by plaintiffs, it was stated: “ * * * Rights against the United States arising out of a contract with it are protected by the Fifth amendment.” The significant fact in the Lynch case is that congressional action abrogated the contracts in issue thereby giving rise to a taking by authorized governmental action. Interference by Congress, and not the Secretary, with plaintiffs’ contractual rights is a necessary predicate for finding a valid taking claim here.
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Questioned
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The D.C. Circuit called Lynch's statement that all valid contracts are Fifth Amendment property broad dicta and questioned its application to private contracts.
Consolidated Edison Co. of New York, Inc. v. FERC · D.C. Circuit · filed
There are a number of obvious weaknesses to Con Ed's taking argument. First, it is far from clear that private contractual arrangements are “property” within the meaning of the fifth amendment. Although the Court has stated in broad dicta that “valid contracts are property whether the obligor be a private individual, a municipality, a state or the United States,” see Lynch v. United States, 292 U.S. 571, 579, 54 S.Ct. 840, 843, 78 L.Ed. 1434 (1934) ... courts have not previously held impairments of contracts to be takings outside the context of contracts with governments.
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Does this case still carry your argument?
Describe your facts. Ezel reads Lynch v. United States and the cases that treated it, then tells you whether it still holds for your situation, with citations.
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