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Constitutional Law

Sep. 29, 2021

‘Too Big to Fail’ — The Sequel

During the period sometimes referred to as the Great Recession of 2007-09, the United States government became convinced that — without government intervention — both Chrysler and General Motors would go out of business and that they were “too big to fail.”

Michael M. Berger

Senior Counsel
Manatt, Phelps & Phillips LLP

2049 Century Park East
Los Angeles , CA 90067

Phone: (310) 312-4185

Fax: (310) 996-6968

Email: mmberger@manatt.com

USC Law School

Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.

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TAKINGS TALK

During the period sometimes referred to as the Great Recession of 2007-09, the United States government became convinced that -- without government intervention -- both Chrysler and General Motors would go out of business and that they were "too big to fail." Thus, the government created a plan to save those companies, purportedly for the greater good of the general public. Part of that plan required the confiscation from individual auto dealerships...

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