opinion and polls

Common Cause Indiana v. Lawson

(United States Seventh Circuit) - Affirmed. Injunctions against the state preventing it from implementing a plan to purge voter rolls based on third party information rather than directly contacting voters was affirmed because plaintiff organizations established standing and the decision was not an abuse of discretion.




opinion and polls

Planned Parenthood of Indiana v. Adams

(United States Seventh Circuit) - Affirmed. A preliminary injunction against enforcement of state laws requiring parental notification in the case of pregnant unemancipated minors seeking abortions was upheld.




opinion and polls

People v. Cadena

(California Court of Appeal) - Vacated in part. Defendant was convicted of multiple lewd acts upon a child. Defendant argued that the evidence did not support part of the conviction and his sentence is unconstitutional. The appeals court agreed that the evidence supported only two lewd acts on each victim and that his sentence was unconstitutionally excessive.




opinion and polls

Bay Point Properties, Inc. v. MS Transportation Co.

(United States Fifth Circuit) - Affirmed. The district court properly dismissed a suit brought by a man whose state court award in a Takings Clause suit against state officials was unsatisfying to him. The State was entitled to sovereign immunity.




opinion and polls

Green v. Junious

(United States Seventh Circuit) - Affirmed. A state court gun possession finding was conclusive as to that factual point in a subsequent federal suit seeking damages for constitutional violations.




opinion and polls

League of United Latin American Citizens v. Edwards Aquifer Authority

(United States Fifth Circuit) - Affirmed. A conservation and reclamation district regulating groundwater was not subject to the one person, one vote principle of the Equal Protection Clause because they are a special purpose unit of the government. Its apportionment scheme had a rational basis.




opinion and polls

In re Vaquera

(California Court of Appeal) - Denied writ of habeas corpus. Defendant was convicted of lewd acts against two minors under the age of 14. Penal Code 667.61 provides that if there are multiple victims under 14 the sentence is 25 to life. The question in the writ was whether Defendant was given notice of the possibility of a 25 year to life sentence. The appeals court found no due process violation.




opinion and polls

Collins v. Thurmond

(California Court of Appeal) - Affirmed in part. Reversed in part. Plaintiffs sued a number of defendants that included both local and state entities for causes of action alleging racial discrimination in disciplinary actions at a local high school. The appeals court affirmed the dismissal of most of Plaintiffs claims against state-level defendant because such claims cannot be brought against them. The appeals court did find that Plaintiffs have a cause of action under the equal protection clause of the California Constitution and they had standing to pursue the claims.




opinion and polls

Lockett v. Bonson

(United States Seventh Circuit) - Affirmed. The grant of a defense motion for summary judgement in an Eighth Amendment claim brought by a prisoner against prison nurses he says were deliberately indifferent to his needs as a sickle cell disease sufferer was proper because he failed to exhaust his administrative remedies against one nurse and the record wouldn't support a jury finding on his claim against the other.




opinion and polls

Romero v. Brown

(United States Fifth Circuit) - Partially affirmed, partially reversed. The removal of children from a home under investigation for abuse did not result in substantive due process violation, but did result in procedural due process rights violation.




opinion and polls

Caliste v. Cantrell

(United States Fifth Circuit) - Affirmed. A magistrate's dual role as generator and administrator of court fees creates a conflict of interest when they set bail.




opinion and polls

Wilson v. Cook County

(United States Seventh Circuit) - Affirmed. The district court properly dismissed complaint by Cook County residents raising Second Amendment claims challenging a ban on assault rifles because the issue had already been addressed by the court.




opinion and polls

People v. Force

(California Court of Appeal) - Reversed and remand for new trial. Defendant is a sexually violent predator who is currently receiving treatment at a state mental hospital. He challenged the court order denying his petition to be placed in a conditional release program on the grounds that he was denied a fair trial. The appeals court agreed stating that the prosecutor interfered with Defendant’s right to testify and the trial court erroneously refused to admit his release plan into evidence. The appeals court held that a fair trial is a fundamental right.




opinion and polls

Jeffra v. Cal. State Lottery

(California Court of Appeal) - Affirmed. Plaintiff was an investigator employed by the California State Lottery. He sued Defendant alleging retaliation in violation of the California Whistleblower Protection Act. Defendant filed an anti-SLAPP motion to strike Plaintiff’s complaint. The trial court denied the motion. The appeals court agreed finding Plaintiff had established his complaint arose from a protected activity and that he was likely to succeed on the merits of his claim.




opinion and polls

US v. London, Jr.

(United States First Circuit) - Affirmed. A motion to correct a 1996 sentence as a career offender was not timely because the motion asserts a right not recognized in caselaw.




opinion and polls

Johnson v. Rimmer

(United States Seventh Circuit) - Affirmed. The district court's grant of summary judgment in favor of two individual defendants in a Fourteenth Amendment case arising from the self-mutilation of a man held at a medical health complex was upheld. There was insufficient evidence of their culpability.




opinion and polls

Agility Defense & Government Servs., Inc. v. US

(California Court of Appeal) - In a government contractor's claim for an equitable adjustment arising out of its fixed price indefinite delivery contract with the Defense Logistics Agency (DLA)’s Defense Reutilization and Marketing Service (DRMS), the Court of Federal Claims' denial of the claim is reversed where: 1) the Claims Court's findings that DRMS did not inadequately or negligently prepare its estimates and that Agility did not rely on those estimates are clearly erroneous; and 2) Plaintiff’s receipt of scrap sales and the parties' agreement to clause H.19 do not preclude plaintiff from recovering under this claim.




opinion and polls

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc.

(Supreme Court of California) - In a government contracts dispute alleging the tort of intentional interference with prospective economic advantage, the Court of Appeals judgment overturning the trial court's judgment sustaining defendants demurrer, is reversed where plaintiffs' allegations -- that they had submitted the second lowest bids on several contracts awarded to defendant, and that their bids would have been accepted but for defendant's wrongful conduct during the bidding process -- are insufficient because: 1) public works contracts are a unique species of commercial dealings; 2) in the contracts at issue here, the public entities retained broad discretion to reject all bids; 3) the bids were sealed, and there were no postsubmission negotiations; 4) in awarding the contracts, the public entities could give no preference to any bidder based on past dealings, and were required to accept the lowest responsible bid; and 5) in these highly regulated circumstances, plaintiffs had 'at most a hope for an economic relationship and a desire for future benefit.' Blank v. Kirwan (1985) 39 Cal.3d 311, 331.




opinion and polls

Agility Public Warehousing Co. KSCP v. Mattis

(United States Federal Circuit) - In an appeal from a decision of the Armed Services Board of Contract Appeals finding that the government did not breach the terms of a supply contract with plaintiff, the Board's decision is: 1) affirmed in part where the government did not breach the express terms of the contract or a later agreement to consider exceptions; but 2) vacated in part where the Board erred when it concluded that it 'need not decide' plaintiff's implied duty and constructive change claims.




opinion and polls

Alpha Painting & Construction v. Delaware River Port Auth.

(United States Third Circuit) - In a case arising from a bitter bidding dispute for a contract to strip and repaint the Commodore Barry Bridge, in which the contracting agency rejected the lowest bidder-plaintiff because it determined that plaintiff was not a 'responsible' contractor, the district court's judgment in favor of plaintiff is: 1) affirmed in part where the district court did not err in ruling that defendant acted arbitrarily and capriciously; but 2) vacated in part where the district court abused its discretion in directing defendant to award the contract to plaintiff.




opinion and polls

Diaz v. US

(United States Federal Circuit) - In a complaint filed in the U.S. Court of Federal Claims challenging the Contracting Officer's rejection of plaintiff's unsolicited proposal to the U.S. Department of the Navy's Indian Head Explosive Ordnance Disposal Technology Division (IHEODTD) pursuant to 48 C.F.R. (Federal Acquisition Regulation (FAR)) Subpart 15.6 (2015), the Claims Court's grant of the government's motion to dismiss is affirmed where there is lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Rules of the Court of Federal Claims (RCFC) because he lacked standing under 28 U.S.C. section 1491(b)(1) (2012).




opinion and polls

Coventry Health Care of Mo., Inc. v. Nevils

(United States Supreme Court) - In an insurance class action arising in the context of the Federal Employees Health Benefits Act of 1959 (FEHBA) authorization of the Office of Personnel Management (OPM) to contract with private carriers for federal employees' health insurance, 5 U.S.C. section 8902(a) and (d), the Missouri Supreme Court's decision, preventing federal employee insurance carries from seeking subrogation and reimbursement if there is a conflicting state law, is reversed where, because contractual subrogation and reimbursement prescriptions plainly 'relate to . . . payments with respect to benefits,' section 8902(m)(1), they override state laws barring subrogation and reimbursement.




opinion and polls

City of L.A. v. AECOM Servs., Inc.

(United States Ninth Circuit) - In third-party claims brought by the City of Los Angeles for breach of contract and contribution against contractors that allegedly breached their contractual duty to perform services in compliance with federal disability regulations in the design and construction of a bus facility, the district court's dismissal of the City's claims is reversed where: 1) Title II of the Americans with Disabilities Act and section 504 of the Rehabilitation Act did not preempt the City's state-law claims because the ADA expressly disavows preemptive federal occupation of the disability-rights field; and 2) conflict preemption also did not preclude the City's claims.




opinion and polls

Balfour Beatty Infrastructure, Inc. v. Mayor and City Council of Baltimore

(United States Fourth Circuit) - In a construction company's suit against a city for breach of contract, alleging that the city unlawfully assessed liquidated damages against the company for failure to complete a construction project on time, the district court’s dismissal for lack of subject matter jurisdiction is affirmed where plaintiff is not excused from the normal requirement of administrative exhaustion under Maryland law.




opinion and polls

Prather v. Sprint Communications, Inc.

(United States Ninth Circuit) - In a False Claims Act suit brought the U.S. Government against Sprint Communications, the district court's order denying appellant's Fed. R. Civ. P. 24(a)(2) motion to intervene as of right is affirmed where: 1) although his appeal is not moot, he did not have a significantly protectable interest in the government's False Claims Act suit; and 2) his prior filing of a related, but jurisdictionally barred, qui tam action did not entitle him to any award under the False Claims Act.




opinion and polls

Call Henry, Inc. v. US

(United States Federal Circuit) - In a breach of contract claim brought against the Government, the Court of Federal Claims' dismissal of the complaint is affirmed where plaintiff failed to state a claim for which relief could be granted, because the Government has no contractual obligation to reimburse plaintiff's pension withdrawal liability costs that were incurred pursuant to the Multi-Employer Pension Plan Amendment Act of 1980, 29 U.S.C. section 1381, et seq.




opinion and polls

Northwest Title Agency, Inc. v. US

(United States Federal Circuit) - In a breach of contract action against the Government, the Court of Federal Claims grant of summary judgment in favor of the Government is affirmed where the contracts whereby plaintiff provides closing services for homes owned by the Department of Housing and Urban Development (HUD) unambiguously preclude plaintiff from charging additional closing fees.




opinion and polls

Dellew Corp. v. US

(United States Federal Circuit) - In the Government's appeal of attorney's fees awarded to plaintiff by the U.S. Court of Federal Claims pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. sections 2412(a) and (d)(1)(A) (2012), the Claims Court's conclusion that comments made by the Court during a hearing and prior to the Government taking corrective action materially altered the relationship between the parties such that plaintiff qualified as a 'prevailing party' under the EAJA, the award is reversed where a strong comment by a trial court is not tantamount to a ruling on the merits or a court order.




opinion and polls

Garco Const. Inc. v. Sec'y of the Army

(United States Federal Circuit) - In an appeal of a decision of the Armed Services Board of Contract Appeals denying plaintiff's damages claim arising out of its contract with the U.S. Army Corps of Engineers to build housing units on Malmstrom Air Force Base, the Board's decision is affirmed where there was no change to the base access policy that forced additional costs.




opinion and polls

Cal. Taxpayers Action Network v. Taber Construction

(California Court of Appeal) - In a reverse validation action under Code Civ. Proc. section 863 challenging the propriety of school districts' use of lease-leaseback agreements in contracting for construction or improvement of school facilities, the trial court's judgment sustaining defendants' demurrer is: 1) reversed in part as to the conflict of interest claim where plaintiff has stated a claim of conflict of interest against the construction company-defendant sufficient to withstand a demurrer; but 2) otherwise affirmed.




opinion and polls

Autoridad de Energia Electrica v. Vitol SA Services, LLC

(United States First Circuit) - In a suit brought under a Puerto Rico 'Law 458', which prohibits government instrumentalities and public corporations from awarding bids or contracts to persons (including juridical persons) who have been convicted of 'crimes that constitute fraud, embezzlement or misappropriation of public funds listed in section 928b of this title,' P.R. Laws Ann. tit. 3, section 928, the district court's judgment remanding the case to the Commonwealth Puerto Rico Court of First Instance is affirmed where the forum selection clauses at issue were enforceable, and that the unanimity requirement of 28 U.S.C. section 1446(b)(2)(A) therefore could not be satisfied.




opinion and polls

SJJC Aviation Services v. City of San Jose

(California Court of Appeal) - In a case involving an airport lease and operating agreement, brought by a company alleging that the city had a flawed bidding process, the trial court's denial of plaintiff's leave to amend its petition and complaint is affirmed.




opinion and polls

P. v. Spaccia

(California Court of Appeal) - In a case arising out of a highly publicized corruption scandal in the City of Bell a jury had convicted the assistant city manager of 11 counts involving misappropriation of public funds, conspiracy, conflict of interest, and secreting a public record. The court reversed the the misappropriation convictions due to errors in the jury instructions, but upheld the remaining charges.




opinion and polls

P. v. Spaccia

(California Court of Appeal) - In a case arising out of a highly publicized corruption scandal in the City of Bell a jury had convicted the assistant city manager of 11 counts involving misappropriation of public funds, conspiracy, conflict of interest, and secreting a public record. The court reversed the the misappropriation convictions due to errors in the jury instructions, but upheld the remaining charges.




opinion and polls

P. v. Spaccia

(California Court of Appeal) - In a case arising out of a highly publicized corruption scandal in the City of Bell, a jury had convicted the assistant city manager of 11 counts involving misappropriation of public funds, conspiracy, conflict of interest, and secreting a public record. The court reversed the the misappropriation convictions due to errors in the jury instructions, but upheld the remaining charges.




opinion and polls

P. v. Super. Ct.

(Supreme Court of California) - In a case where the district attorney sought to prosecute an independent contractor employed by a public entity for their knowing and willful self-dealing it was determined that Government Code prohibitions against these actions by public employees also applied to independent contractors.




opinion and polls

Cinema West, LLC v. Baker

(California Court of Appeal) - Affirming the superior court's determination that a movie theater being constructed using a loan from the city government and receiving city grant funds was subject to California's prevailing wage laws as they apply to 'public works.'




opinion and polls

Chugach Management Services Zurich American Insurance Co. v. Jetnil

(United States Ninth Circuit) - Denying the petition for review of the award of disability benefits under the Defense Base Act and the application of a judicially-created 'zone of special danger' doctrine to a local national injured while employed by a government contractor overseas.




opinion and polls

Northrop Grumman Technical Service, Inc. v. DynCorp International LLC

(United States Fourth Circuit) - Affirming the remand of a case involving a dispute between a government contractor and its subcontractor because the party seeking to remove to federal court filed an untimely notice to remove and had waived its right to remove by engaging in substantive defensive action in state court prior to filing a notice of removal by filing counterclaims in state court.




opinion and polls

Lee's Ford Dock, Inc. v. Secretary of the Army

(United States Federal Circuit) - Affirming the grant of summary judgment for the Army and dismissing the private party's claims for contract reformation and breach of contract in the case of a marina on land leased from the Army that was rendered unusable for a period of time while the Army reduced the water level of a lake to repair a dam.




opinion and polls

Russell City Energy Company, LLC v. City of Hayward

(California Court of Appeal) - Reversing an order sustaining a city's demurrer without leave to amend and dismissing a complaint to the extent that the order denied the plaintiff leave to amend in an action relating to an agreement between an energy company and a city whose terms may have violated the California Constitution because a quasi-contractual restitution claim would be permitted even if the Payments Clause at issue is unconstitutional.




opinion and polls

City of Anaheim v. Cohen

(California Court of Appeal) - Reversing the trial court's denial of a writ petition and declaratory and injunctive relief in the case of a city project because the trial court's dismantling of agreements entered into by an earlier administration and agency unconstitutionally impaired a private developer's contractual rights.




opinion and polls

http://caselaw.findlaw.com/ca-court-of-appeal/1872588.html

(California Court of Appeal) - Reversing the trial court's denial of a writ petition and declaratory and injunctive relief in the case of a city project because the trial court's dismantling of agreements entered into by an earlier administration and agency unconstitutionally impaired a private developer's contractual rights.




opinion and polls

Ingham Regional Medical Ctr. V. US

(United States Federal Circuit) - In a government contracts action claiming underpayment for outpatient medical services provided for current and former military service members, the Federal Claims Court's dismissal for failure to state a claim is reversed where plaintiffs are not barred by bringing a breach of contract claim by a release included in the contract the government is accused of breaching.




opinion and polls

City of Grass Valley v. Cohen

(California Court of Appeal) - Reversing the portion of a judgment commanding the Department of Finance of California to consider whether certain expenditures fall under the 'goods and services' provision because the failure of the City of Grass Valley to raise the issue in an administrative forum precluded it from trial court relief, but directing the trial court to issue a new writ commanding the Department to consider the City's claim regarding a highway project agreement, and otherwise affirming the denial of the City's petition for writ of mandate in a case relating to the mass dissolution of redevelopment agencies in the state.




opinion and polls

US v. Gorski

(United States First Circuit) - Affirming the conviction of a man for charges relating to a his procurement of government contracts for his construction company on the false pretense that the company was owned and controlled by military veterans who became disabled in connection with their military service.




opinion and polls

Federal Insurance Company v. USA

(United States Second Circuit) - Denying the petition for mandamus by an insurer that had paid millions on an Employee Theft Insurance policy when the insured company was found to have engaged in corrupt activities such as obtaining bribes and kickbacks from subcontractors to a government contract it held because, even if they had overcome various procedural obstacles, the company's criminal conduct and, by extension, that of the insurer, precluded them from obtaining restitution from an implicated employee, but vacating and remanding an order dismissing the insurer's petition in the employee's forfeiture proceeding because the district court failed to determine whether the company's unclean hands kept it from an equitable remedy.




opinion and polls

Agility Logistics Services Company KSC v. Mattis

(United States Federal Circuit) - Affirming the decision by the Armed Services Board of Contract Appeals dismissing for lack of jurisdiction because the Contract Disputes Act did not provide jurisdiction in a case involving a contract with the Army to establish and operate supply chain during Iraq's reconstruction and that the Board lacked jurisdiction under its charter and partially dismissing because the decision was not made pursuant under the CDA, so the court lacked jurisdiction to review.




opinion and polls

Progressive Industries, Inc. v. US

(United States Federal Circuit) - Affirming the decision of the Court of Federal Claims denying a motion for reconsideration of amended judgment or, in the alternative, relief from final judgment in a dispute relating to bidding on the procurement of medical gasses by the Department of Veterans Affairs.




opinion and polls

Moda Health Plan, Inc. v. US

(United States Federal Circuit) - In this insurance law claim a health insurer contends that the US failed to satisfy its payment obligation under a federal health insurance pool program. The Court of Federal Claims entered judgement for the insurer. The Court of Appeals reversed the judgment stating that Congress suspended the governments obligation and that subsequent regulation did not create a contract promising full payment.