opinion and polls Synergy Project Management, Inc. v. City and County of San Francisco By feeds.findlaw.com Published On :: 2019-03-14T08:00:00+00:00 (California Court of Appeal) - Upheld San Francisco's decision to order a prime contractor on a public works project to replace a subcontractor. Reversed the trial court. Full Article Construction
opinion and polls Ione Valley Land, Air, and Water Defense Alliance, LLC v. County of Amador By feeds.findlaw.com Published On :: 2019-03-20T08:00:00+00:00 (California Court of Appeal) - Held that an environmental group could not proceed with its challenge to a county's approval of a private company's plan to build a rock quarry and related facilities. Affirmed the denial of a writ petition. Full Article Environmental Law Construction
opinion and polls South of Market Community Action Network v. City and County of San Francisco By feeds.findlaw.com Published On :: 2019-03-25T08:00:00+00:00 (California Court of Appeal) - Held that citizen groups could not proceed with their challenge to the environmental review conducted for a proposed mixed-use development project in downtown San Francisco. Affirmed the denial of writ relief. Full Article Environmental Law Construction
opinion and polls York v. City of Los Angeles By feeds.findlaw.com Published On :: 2019-04-05T08:00:00+00:00 (California Court of Appeal) - Held that the City of Los Angeles could deny landowners' request for approval to undertake a large amount of grading on their parcel of land. Affirmed the denial of the landowners' request for writ relief. Full Article Property Law & Real Estate Construction
opinion and polls Alonso v. Westcoast Corp. By feeds.findlaw.com Published On :: 2019-04-08T08:00:00+00:00 (United States Fifth Circuit) - Held that a contractor breached its contract with a subcontractor. Affirmed a judgment after a jury trial but remanded for recalculation of damages under the Louisiana Prompt Payment Act, in this case involving an Army Corps of Engineers' project. Full Article Construction Contracts
opinion and polls Cherry Knoll, L.L.C. v. Jones By feeds.findlaw.com Published On :: 2019-04-22T08:00:00+00:00 (United States Fifth Circuit) - Revived a developer's due process and other claims against a city, a city manager and an engineering firm relating to alleged improprieties in the filing of a subdivision plat. Reversed a dismissal. Full Article Property Law & Real Estate Construction
opinion and polls Tanimura and Antle Fresh Foods Inc. v. Salinas Union High School District By feeds.findlaw.com Published On :: 2019-04-26T08:00:00+00:00 (California Court of Appeal) - Held that a school district could impose school impact fees on an agricultural company's new residential housing complex even though it was intended to house only adult seasonal farmworkers. Reversed the decision below. Full Article Construction Education Law
opinion and polls Boatworks, LLC v. City of Alameda By feeds.findlaw.com Published On :: 2019-05-15T08:00:00+00:00 (California Court of Appeal) - Struck down a portion of a city ordinance authorizing development impact fees for parks and recreation. Affirmed the lower court in relevant part, in this case involving California's Mitigation Fee Act. Full Article Property Law & Real Estate Construction
opinion and polls Fidelity and Deposit Co. v. Edward E. Gillen Co. By feeds.findlaw.com Published On :: 2019-06-03T08:00:00+00:00 (United States Seventh Circuit) - Held that a construction company's surety (an insurance company) may not augment its contractual indemnification rights with the ancient doctrine of quia timet -- equitable protection from probable future harm. The construction company allegedly had gone belly up on a government project. Affirmed summary judgment against the surety's claim. Full Article Insurance Law Construction Contracts
opinion and polls Rudisill v. California Coastal Commission By feeds.findlaw.com Published On :: 2019-06-05T08:00:00+00:00 (California Court of Appeal) - Held that an anti-SLAPP motion was not frivolous. The motion was filed by the real parties in interest in a mandamus proceeding concerning permits for a real estate development project. Reversed a sanctions order. Full Article Civil Procedure Construction
opinion and polls McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co. By feeds.findlaw.com Published On :: 2019-06-05T08:00:00+00:00 (California Court of Appeal) - Held that an insurance company owed a duty to defend a general contractor who was being sued by homeowners over alleged roofing defects. The case involved a commercial general liability insurance policy issued to a roofing subcontractor. Reversed the decision below. Full Article Insurance Law Construction
opinion and polls Hoyt v. Lane Construction Corp. By feeds.findlaw.com Published On :: 2019-06-10T08:00:00+00:00 (United States Fifth Circuit) - In a wrongful death lawsuit, revived a claim that a construction company's faulty road repairs resulted in icing that led to a fatal motor vehicle crash. Reversed a summary judgment ruling. Also, addressed a dispute regarding the existence of removal jurisdiction. Full Article Civil Procedure Injury & Tort Law Construction
opinion and polls Hu v. City of New York By feeds.findlaw.com Published On :: 2019-06-13T08:00:00+00:00 (United States Second Circuit) - Revived Asian‐owned companies' claims that city employees discriminatorily enforced municipal building codes on the basis of race and personal animus. Reversed a dismissal in relevant part. Full Article Government Law Civil Rights Construction
opinion and polls Knick v. Township of Scott By feeds.findlaw.com Published On :: 2019-06-21T08:00:00+00:00 (United States Supreme Court) - Held that a property owner whose property has been taken by a local government may go directly to federal court to assert a claim under the Takings Clause. Overruled a 1985 Supreme Court precedent (Williamson County Regional Planning Comm'n v. Hamilton Bank of Johnson City), which had said that a property owner must first seek just compensation under state law in state court before bringing a federal takings claim under Section 1983. Chief Justice Roberts delivered the opinion of the 5-4 Court. Full Article Property Law & Real Estate Constitutional Law Construction
opinion and polls Capsco Industries, Inc. v. Ground Control, LLC By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project. Full Article Civil Procedure Insurance Law Construction Contracts
opinion and polls Precision Framing Systems Inc. v. Luzuriaga By feeds.findlaw.com Published On :: 2019-08-29T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff performed framing work on a commercial building owned by Defendant. Plaintiff was not paid for his work and filed a mechanic’s lien. Defendant complained of problems with some of the framing and Plaintiff performed repair work. Plaintiff filed this action to foreclose on its mechanic’s lien. The trial court granted Defendant summary judgment ruling that the mechanic’s lien was filed prematurely, before Plaintiff had ceased work. The appeals court agreed. Full Article Civil Procedure Debt Collection Construction
opinion and polls US v. Green By feeds.findlaw.com Published On :: 2018-07-31T08:00:00+00:00 (United States Second Circuit) - Vacated a restitution order in a case where a woman stole veterans benefit payments that the government had mistakenly continued to send to her deceased mother. The defendant, who pleaded guilty to theft of government property, argued that restitution should be limited to monies stolen within the statute of limitations. The Second Circuit agreed with her, and therefore vacated in part the district court's restitution order. Full Article Government Benefits Criminal Law & Procedure
opinion and polls City and County of San Francisco v. Trump By feeds.findlaw.com Published On :: 2018-08-01T08:00:00+00:00 (United States Ninth Circuit) - Held that President Trump's executive order withholding all federal grants from so-called sanctuary cities was unconstitutional. California municipalities brought this suit arguing that the executive order violated the principle of Separation of Powers as well as the Spending Clause, which vests exclusive power to Congress to impose conditions on federal grants. In a 2-1 decision, the Ninth Circuit agreed and affirmed summary judgment in favor of the municipalities. However, the panel vacated the nationwide injunction based on an absence of specific findings justifying the broad scope, and remanded for further findings. Full Article Government Benefits Immigration Law Constitutional Law
opinion and polls Torres-Pagan v. Berryhill By feeds.findlaw.com Published On :: 2018-08-10T08:00:00+00:00 (United States First Circuit) - Vacated an administrative ruling that terminated the Supplemental Security Income benefits of an individual who had received them since childhood for an intellectual disorder. The plaintiff disputed the medical evidence that the Social Security Administration relied on in concluding that he was no longer disabled after he turned age 18. Finding merit in his arguments, the First Circuit held that the record was insufficient to conclude he was no longer disabled. Full Article Juvenile Law Government Benefits
opinion and polls Winters v. Wilkie By feeds.findlaw.com Published On :: 2018-08-10T08:00:00+00:00 (United States Federal Circuit) - Affirmed that a veteran's surviving spouse who had litigated over certain benefits was not entitled to an award of attorney fees. The spouse of a deceased World War II veteran argued that she had prevailed on her benefit claims and thus was entitled to recover her attorney fees pursuant to the Equal Access to Justice Act. On appeal from the U.S. Court of Appeals for Veterans Claims, the Federal Circuit held that she had not obtained a sufficiently successful result to qualify as a prevailing party for purposes of the attorney fee statute. Full Article Government Benefits Military Law Attorney's Fees
opinion and polls Hayes v. Harvey By feeds.findlaw.com Published On :: 2018-08-31T08:00:00+00:00 (United States Third Circuit) - Reinstated a lawsuit brought by a family receiving governmental housing assistance seeking to enjoin their landlord from evicting them. The landlord argued that he was permitted to evict a family that received enhanced vouchers from the federal government once their lease expired. Rejecting the landlord's position, the Third Circuit held en banc that enhanced voucher holders may not be evicted absent good cause, even at the end of a lease term. The panel reversed summary judgment for the landlord and remanded. Full Article Government Benefits Property Law & Real Estate Landlord Tenant Law
opinion and polls Cappetta v. Social Security Administration By feeds.findlaw.com Published On :: 2018-09-14T08:00:00+00:00 (United States Second Circuit) - Held that the Social Security Administration was justified in imposing an assessment and penalty on a recipient of disability benefits who failed to report work activity. The benefit recipient disputed that his failure to report earnings was material. While rejecting his legal challenge, the Second Circuit held that the agency lacked substantial evidence to support the amounts of the assessment and penalty, and therefore vacated and remanded. Full Article Government Benefits
opinion and polls Barrett v. Berryhill By feeds.findlaw.com Published On :: 2018-09-25T08:00:00+00:00 (United States Seventh Circuit) - Affirmed that an individual who applied for Social Security disability insurance benefits and supplemental security income was not entitled to them because he was not disabled by bipolar disorder and alcohol addiction. Full Article Government Benefits
opinion and polls Harrington v. Berryhill By feeds.findlaw.com Published On :: 2018-10-10T08:00:00+00:00 (United States Seventh Circuit) - Declined to hear a challenge to Treasury Offset Program regulations. A law firm ended up with nothing in legal fees because the government administratively offset fees awarded to its Social Security recipient clients under the Equal Access to Justice Act against the clients' various debts to the government. On appeal, the Seventh Circuit held that the offset matter was better suited for a separate action under the Administrative Procedure Act, and declined to exercise ancillary jurisdiction over a collateral challenge to the pertinent regulations. Full Article Government Benefits Tax Law Attorney's Fees
opinion and polls Barrett v. Berryhill By feeds.findlaw.com Published On :: 2018-10-12T08:00:00+00:00 (United States Fifth Circuit) - Affirmed that a claimant seeking Social Security disability benefits had no absolute right to pose questions to a government-employed medical consultant who reviewed his medical file and assessed his physical limitations. Instead, the right to such questioning depends on a case-by-case assessment of the need for cross-examination. Full Article Government Benefits
opinion and polls Hall v. Berryhill By feeds.findlaw.com Published On :: 2018-10-15T08:00:00+00:00 (United States Seventh Circuit) - Upheld the denial of Social Security disability benefits to a man with a back injury, rejecting his contention that the ALJ improperly discounted his treating physician's opinion and discredited his own testimony. Affirmed the district court. Full Article Government Benefits
opinion and polls US v Holden By feeds.findlaw.com Published On :: 2018-10-30T08:00:00+00:00 (United States Ninth Circuit) - Amended an opinion filed on July 26, 2018 for a case which affirmed the defendant's conviction for mail and wire fraud, but vacated a custodial sentence and restitution with remand for further proceedings. The sentence was vacated because the record did not support the conclusion that the defendant exercised sufficient control over a co-conspirator. Restitution was vacated because the district court's ruling was internally inconsistent in ordering immediate payment and payments over time in the same order. Full Article Constitutional Law Government Benefits
opinion and polls Whalen v McMullen By feeds.findlaw.com Published On :: 2018-10-30T08:00:00+00:00 (United States Ninth Circuit) - Affirmed the district court's summary judgment in favor of police officer having qualified immunity. Plaintiff alleged that police officer violated her Fourth Amendment rights when he entered her home without a warrant and under a false pretense to investigate fraud related to social security benefits. The Ninth Circuit held that the officer had qualified immunity with respect to a civil or administrative investigation. Full Article Constitutional Law Government Benefits
opinion and polls US v. Young By feeds.findlaw.com Published On :: 2018-11-06T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the prison sentence of a defendant who pleaded guilty to wire fraud for defrauding the Veterans Administration regarding the extent of his service‐related injuries. Full Article Government Benefits Criminal Law & Procedure
opinion and polls Hardy v. Berryhill By feeds.findlaw.com Published On :: 2018-11-08T08:00:00+00:00 (United States Seventh Circuit) - Revived a benefit applicant's claim that he was entitled to Social Security disability based on a degenerative back condition. Held that the administrative law judge failed to support her decision to discount the treating neurosurgeon's opinion. Vacated and remanded. Full Article Government Benefits
opinion and polls Independent Living Center of Southern California, Inc. v. Kent By feeds.findlaw.com Published On :: 2018-11-21T08:00:00+00:00 (United States Ninth Circuit) - Reversed the denial of the plaintiffs' request for attorney fees following the settlement of litigation challenging California's attempt to reduce the rate of Medi-Cal reimbursement for healthcare providers by 10 percent. Remanded for further proceedings on the attorney fee request. Full Article Government Benefits Health Law Attorney's Fees
opinion and polls Consolidation Coal Co. v. Office of Workers' Compensation Programs By feeds.findlaw.com Published On :: 2018-12-21T08:00:00+00:00 (United States Seventh Circuit) - Upheld a federal agency's decision that a former coal miner was entitled to benefits under the Black Lung Benefits Act. His former employer, a coal company, had challenged the benefits award. Full Article Labor & Employment Law Government Benefits
opinion and polls McHenry v. Berryhill By feeds.findlaw.com Published On :: 2018-12-26T08:00:00+00:00 (United States Seventh Circuit) - Held that the Social Security Administration committed an error in denying disability benefits to a former hair stylist suffering from a host of medical problems, including degenerative disc disease and fibromyalgia. The ALJ should have acquired a medical expert to review a consequential MRI report. Vacated and remanded for further proceedings. Full Article Government Benefits
opinion and polls Culbertson v. Berryhill By feeds.findlaw.com Published On :: 2019-01-08T08:00:00+00:00 (United States Supreme Court) - Held that the Social Security Act's 25 percent cap on attorney fees applies only to fees for court representation. The lower court erroneously applied the cap to the aggregate fees awarded for representation before both the agency and the court. Justice Thomas wrote the unanimous opinion, which resolved a circuit split regarding the fees that attorneys may charge Social Security claimants for representation. The decision relied on the plain meaning of the statute. Full Article Attorney's Fees Government Benefits
opinion and polls Planned Parenthood of Greater Texas v. Smith By feeds.findlaw.com Published On :: 2019-01-17T08:00:00+00:00 (United States Fifth Circuit) - Held that the State of Texas should not have been enjoined from terminating Medicaid funding to Planned Parenthood facilities. Concluded that the district court applied an incorrect standard of review, in this case involving the facilities' alleged noncompliance with accepted medical and ethical standards. Vacated a preliminary injunction and remanded. Full Article Health Law Government Benefits
opinion and polls Lockwood v. Commissioner of Social Security Administration By feeds.findlaw.com Published On :: 2019-01-23T08:00:00+00:00 (United States Second Circuit) - Held that the Social Security Administration erred in denying an individual's disability insurance benefits application. Reversed the district court and remanded for further proceedings. Full Article Government Benefits
opinion and polls Winsted v. Berryhill By feeds.findlaw.com Published On :: 2019-02-08T08:00:00+00:00 (United States Seventh Circuit) - Held that the Social Security Administration did not adequately explain why it denied a man's application for disability insurance benefits and supplemental security income. The issue had to do with residual function capacity. Reversed the district court's judgment and remanded to the federal agency. Full Article Administrative Law Government Benefits
opinion and polls Ray v. Berryhill By feeds.findlaw.com Published On :: 2019-02-12T08:00:00+00:00 (United States Seventh Circuit) - Held that the Social Security Administration made errors in evaluating a man's eligibility for disability insurance benefits and supplemental security income. The issue had to do with whether he could perform his former job as a school bus monitor. Vacated the district court's judgment and remanded to the agency for further proceedings. Full Article Administrative Law Government Benefits
opinion and polls DeCamp v. Berryhill By feeds.findlaw.com Published On :: 2019-02-26T08:00:00+00:00 (United States Seventh Circuit) - Held that the Social Security Administration made errors in evaluating a woman's eligibility for disability insurance benefits and supplemental security income. The issue related to whether her bipolar disorder and other conditions limited her concentration, persistence and pace. Vacated and remanded to the agency for further proceedings. Full Article Government Benefits
opinion and polls Texas Tech Physicians Associates v. US Department of Health and Human Services By feeds.findlaw.com Published On :: 2019-03-07T08:00:00+00:00 (United States Fifth Circuit) - Held that a university-affiliated medical practice must return $8 million to the federal agency that administers Medicare. The medical practice's test of a new care management model (a Medicare demonstration project) did not achieve the expected cost savings. Upheld an administrative order. Full Article Health Law Government Benefits
opinion and polls Biestek v. Berryhill By feeds.findlaw.com Published On :: 2019-04-01T08:00:00+00:00 (United States Supreme Court) - In a Social Security disability benefits case, addressed the effect of a vocational expert's refusal to share privately collected data. The applicant's counsel wanted to see data about the labor market that the expert had relied upon in estimating the number of jobs available in the economy for someone with the applicant's characteristics. However, the U.S. Supreme Court concluded that, despite the expert's refusal to turn over this private data, her testimony could still be considered "substantial evidence" in federal court. Justice Kagan delivered the opinion of the 6-3 Court. Full Article Government Benefits
opinion and polls Winsted v. Berryhill By feeds.findlaw.com Published On :: 2019-04-03T08:00:00+00:00 (United States Seventh Circuit) - In an amended opinion, held that the Social Security Administration did not adequately explain why it denied a man's application for disability insurance benefits and supplemental security income. The issue had to do with residual function capacity. Reversed the district court's judgment and remanded to the federal agency. Full Article Government Benefits
opinion and polls Burmester v. Berryhill By feeds.findlaw.com Published On :: 2019-04-05T08:00:00+00:00 (United States Seventh Circuit) - Upheld the Social Security Administration's decision that an applicant was not entitled to disability insurance benefits because she was not disabled. Affirmed the district court's decision. Full Article Government Benefits
opinion and polls Shah v. Azar By feeds.findlaw.com Published On :: 2019-04-12T08:00:00+00:00 (United States Fifth Circuit) - Upheld a decision by the U.S. Department of Health and Human Services to revoke two physicians' Medicare privileges for billing irregularities. They allegedly submitted Medicare claims for services provided on dates that they were out of the country. Full Article Health Law Government Benefits
opinion and polls L.D.R. v. Berryhill By feeds.findlaw.com Published On :: 2019-04-15T08:00:00+00:00 (United States Seventh Circuit) - Affirmed that a disabled child was not entitled to retroactive social security disability payments for the first year of his life, before his mother applied for assistance. Also held that social security laws may constitutionally bar benefits before application. Full Article Government Benefits
opinion and polls Goldstein v. California Unemployment Insurance Appeals Board By feeds.findlaw.com Published On :: 2019-04-30T08:00:00+00:00 (California Court of Appeal) - Upheld the denial of a man's application for unemployment insurance benefits. Affirmed the denial of writ relief. Full Article Government Benefits
opinion and polls Reed v. Taylor By feeds.findlaw.com Published On :: 2019-05-02T08:00:00+00:00 (United States Fifth Circuit) - Held that a civilly committed sexually violent predator could be required to pay for GPS monitoring or else face criminal prosecution, even though his sole income was Social Security. Affirmed a summary judgment ruling in a case involving a now-repealed Texas law. Full Article Government Benefits Criminal Law & Procedure
opinion and polls U.S. ex rel. Lemon v. Nurses To Go, Inc. By feeds.findlaw.com Published On :: 2019-05-07T08:00:00+00:00 (United States Fifth Circuit) - Revived a lawsuit brought by several employees of a hospice care provider alleging that their employer had billed Medicare improperly. Reversed the dismissal of their claims under the False Claims Act. Full Article Health Law Government Benefits Government Contracts
opinion and polls Jozefyk v. Berryhill By feeds.findlaw.com Published On :: 2019-05-08T08:00:00+00:00 (United States Seventh Circuit) - Upheld the denial of an application for Social Security Disability Insurance Benefits and Supplemental Security Income. The applicant contended, among other things, that the ALJ should not have allowed him to proceed pro se at the hearing. Full Article Government Benefits
opinion and polls Benjamin v SSA By feeds.findlaw.com Published On :: 2019-05-10T08:00:00+00:00 (United States Fifth Circuit) - Reversed and remanded. Plaintiff received over-payment of Social Security disability payments and the SSA sought to recoup the over-payment. Plaintiff claimed that the SSA collected the over-payment before considering plaintiff's waiver request. Plaintiff also filed for bankruptcy and lodged an adversarial proceeding against the SSA which the bankruptcy court dismissed. The issue for the Fifth circuit was whether the bankruptcy court had jurisdiction to hear plaintiff's claims. The Fifth circuit ruled that the bankruptcy court had jurisdiction and remanded to the bankruptcy court. Full Article Bankruptcy Law Administrative Law Government Benefits