Communications Litigation Today was a Warren News publication.

Court Partially Dismisses Ligado's L-Band Takings Lawsuit

The U.S. Court of Federal Claims on Monday partially granted and partially rejected U.S. arguments for dismissing Ligado's L-band takings suit against the federal government (see 2310130003). In an order Monday (docket 23-1797L), Judge Edward Damich said Ligado seems to have a rational argument that Congress has essentially barred DOD from conducting business with any entity contracting with Ligado for ancillary terrestrial component operations in the L band, putting the company's business in jeopardy. However, Damich also said, Congress may put limits on the L-band license that can't be challenged as a taking even if it effectively terminates the license. But because the FCC, in licensing the L band to Ligado, required cooperation with the DOD, Ligado's case can go forward, the judge ordered. He gave the government 45 days to respond to the company's complaint.