ty Long v. Forty Niners Football Co. LLC By feeds.findlaw.com Published On :: 2019-03-26T08:00:00+00:00 (California Court of Appeal) - Held that a man who was shot in the parking lot after a professional football game could not proceed with his personal injury claims. His lawsuit against the football team was barred by the statute of limitations. Affirmed a dismissal. Full Article Sports Law Civil Procedure Injury & Tort Law
ty Agility Defense & Government Servs., Inc. v. US By feeds.findlaw.com Published On :: 2017-02-06T08:00:00+00:00 (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. Full Article Government Contracts
ty Agility Public Warehousing Co. KSCP v. Mattis By feeds.findlaw.com Published On :: 2017-04-04T08:00:00+00:00 (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. Full Article Government Contracts Administrative Law
ty City of L.A. v. AECOM Servs., Inc. By feeds.findlaw.com Published On :: 2017-04-24T08:00:00+00:00 (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. Full Article Government Contracts Contracts Contracts Construction
ty Balfour Beatty Infrastructure, Inc. v. Mayor and City Council of Baltimore By feeds.findlaw.com Published On :: 2017-04-25T08:00:00+00:00 (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. Full Article Government Contracts Construction Contracts
ty SJJC Aviation Services v. City of San Jose By feeds.findlaw.com Published On :: 2017-06-20T08:00:00+00:00 (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. Full Article Commercial Law Property Law & Real Estate Civil Procedure Government Contracts
ty Russell City Energy Company, LLC v. City of Hayward By feeds.findlaw.com Published On :: 2017-08-07T08:00:00+00:00 (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. Full Article Government Contracts Tax Law Contracts
ty City of Anaheim v. Cohen By feeds.findlaw.com Published On :: 2017-08-30T08:00:00+00:00 (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. Full Article Contracts Civil Procedure Government Contracts
ty City of Grass Valley v. Cohen By feeds.findlaw.com Published On :: 2017-11-20T08:00:00+00:00 (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. Full Article Government Contracts Administrative Law Government Law
ty Agility Logistics Services Company KSC v. Mattis By feeds.findlaw.com Published On :: 2018-04-16T08:00:00+00:00 (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. Full Article Military Law International Law Civil Procedure Contracts Government Contracts
ty Citizens for Amending Proposition L v. City of Pomona By feeds.findlaw.com Published On :: 2018-11-07T08:00:00+00:00 (California Court of Appeal) - Held that the City of Pomona violated the terms of a 1993 ballot initiative prohibiting the construction of additional billboards within city limits. A citizen group challenged the city council's decision to extend a pre-existing agreement with an outdoor advertising company when the arrangement expired in 2014. Affirmed the granting of a writ of mandate. Full Article Environmental Law Government Contracts
ty John Russo Industrial Sheetmetal, Inc. v. City of Los Angeles Department of Airports By feeds.findlaw.com Published On :: 2018-11-26T08:00:00+00:00 (California Court of Appeal) - Upheld an attorney fee award to a government contractor that defeated a municipality's claim brought under the California False Claims Act, even though the contractor did not prevail in the action as a whole. Full Article Attorney's Fees Government Contracts
ty Alliance for Open Society International, Inc. v. US Agency for International Development By feeds.findlaw.com Published On :: 2018-12-20T08:00:00+00:00 (United States Second Circuit) - Held that the U.S. government could not constitutionally deny funding to fight HIV/AIDS abroad based on a foreign organization's failure to adopt a policy explicitly opposing prostitution and sex trafficking. Affirmed the issuance of a permanent injunction on First Amendment grounds. The government had been interpreting a related 2013 Supreme Court decision narrowly. Full Article Government Contracts Health Law Constitutional Law
ty International Brotherhood of Teamsters, Local 848 v. City of Monterey Park (First Transit, Inc.) By feeds.findlaw.com Published On :: 2019-01-07T08:00:00+00:00 (California Court of Appeal) - Revived a labor union's claim that a municipality violated a law concerning contract bidding when it hired a new private company to operate its municipal bus system. Reversed a dismissal and remanded, in this case involving a statutory bidding preference tied to labor rights. Full Article Transportation Labor & Employment Law Government Contracts
ty Westsiders Opposed to Overdevelopment v. City of Los Angeles (Philena Properties, L.P.) By feeds.findlaw.com Published On :: 2018-10-01T08:00:00+00:00 (California Court of Appeal) - Held that the City of Los Angeles did not act unlawfully when it amended its General Plan to change the land use designation of a five-acre development site from light industrial to general commercial. Affirmed the denial of a neighborhood organization's petition for writ of mandate. Full Article Property Law & Real Estate Construction
ty Save Our Heritage Organization v. City of San Diego By feeds.findlaw.com Published On :: 2018-10-24T08:00:00+00:00 (California Court of Appeal) - Upheld the City of San Diego's decision to approve an environmental impact report addendum for an urban park project. Affirmed the denial of a citizen group's petition for writ of mandamus. Full Article Environmental Law Construction
ty Raam Construction, Inc. v. Occupational Safety and Health Appeals Board By feeds.findlaw.com Published On :: 2018-10-25T08:00:00+00:00 (California Court of Appeal) - Held that a general building contractor did not file a timely court challenge to a citation issued by government inspectors who found a safety violation at a job site. Affirmed dismissal of the contractor's petition for a writ of mandate. Full Article Construction
ty Travelers Property Casualty Co. v. Engel Insulation, Inc. By feeds.findlaw.com Published On :: 2018-11-30T08:00:00+00:00 (California Court of Appeal) - Held that insurers could not sue a construction subcontractor to recover attorney fees and costs incurred in defending developers in a prior construction defect action, under the facts here. Affirmed a judgment on the pleadings. Full Article Insurance Law Construction
ty Sierra Club v. County of Fresno By feeds.findlaw.com Published On :: 2018-12-24T08:00:00+00:00 (Supreme Court of California) - Held that an Environmental Impact Report (EIR) issued in connection with a planned retirement community must be revised. The Sierra Club and others argued that the EIR lacked sufficient discussion of the project's air quality impacts. The California Supreme Court's opinion addressed some broad issues regarding judicial review of the adequacy of EIRs. Full Article Environmental Law Construction
ty JMS Air Conditioning and Appliance, Inc. v. Santa Monica Community College District By feeds.findlaw.com Published On :: 2019-01-03T08:00:00+00:00 (California Court of Appeal) - Upheld an administrative decision by the Santa Monica Community College District to allow a contractor to replace one subcontractor with another subcontractor on a construction project. Affirmed the denial of the plaintiff subcontractor's writ petition. Full Article Construction Education Law
ty Yu v. Liberty Surplus Insurance Corp. By feeds.findlaw.com Published On :: 2019-01-04T08:00:00+00:00 (California Court of Appeal) - Affirmed an order voiding a default judgment on procedural grounds. Held that the complaint did not provide adequate notice to sustain a default because it failed to specify the amount of damages that the plaintiff was seeking, and instead merely prayed for "damages according to proof," in this lawsuit related to the construction of a hotel. Full Article Civil Procedure Construction
ty Berkeley Cement, Inc. v. Regents of the University of California By feeds.findlaw.com Published On :: 2019-01-07T08:00:00+00:00 (California Court of Appeal) - Held that mediation costs fall within the category of costs that may be awarded in the trial court’s discretion. Affirmed an award to the prevailing party in this construction dispute. Full Article Civil Procedure Construction
ty Venice Coalition to Preserve Unique Community Character v. City of Los Angeles By feeds.findlaw.com Published On :: 2019-01-09T08:00:00+00:00 (California Court of Appeal) - Held that a citizen group could not proceed with its claims that the City of Los Angeles engaged in a pattern and practice of illegally exempting certain development projects in Venice from permitting requirements contained in the California Coastal Act and the Venice Land Use Plan. Affirmed summary judgment for city. Full Article Environmental Law Property Law & Real Estate Construction
ty McCorkle Eastside Neighborhood Group v. City of St. Helena By feeds.findlaw.com Published On :: 2019-01-10T08:00:00+00:00 (California Court of Appeal) - Held that citizen groups lacked a valid basis to challenge a city council's decision to approve the construction of an eight-unit multifamily residential building. Affirmed denial of a writ petition, in a case involving compliance with the California Environmental Quality Act. Full Article Environmental Law Construction
ty 84 Lumber Co. v. Continental Casualty Co. By feeds.findlaw.com Published On :: 2019-01-24T08:00:00+00:00 (United States Fifth Circuit) - Held that a subcontractor could not proceed with its lawsuit against a general contractor seeking payment for work on a project to build public schools. The subcontractor did not properly comply with the notice requirements of the Louisiana Public Works Act. Full Article Construction
ty Berkeley Hills Watershed Coalition v. City of Berkeley By feeds.findlaw.com Published On :: 2019-01-30T08:00:00+00:00 (California Court of Appeal) - Held that a neighborhood organization could not stop the construction of three new single-family homes in a certain location, despite alleged violations of zoning and environmental laws. Affirmed the denial of a writ petition. Full Article Environmental Law Construction
ty Rand Resources, LLC v. City of Carson By feeds.findlaw.com Published On :: 2019-02-04T08:00:00+00:00 (Supreme Court of California) - In an opinion that clarifies the scope of the anti-SLAPP statute, the California Supreme Court held that only certain causes of action here arose from protected speech. In the underlying dispute, a developer had sued the City of Carson and another developer in connection with negotiations about the possibility of building a National Football League stadium in the city. Full Article Civil Procedure Constitutional Law Construction
ty NRP Holdings LLC v. City of Buffalo By feeds.findlaw.com Published On :: 2019-02-20T08:00:00+00:00 (United States Second Circuit) - Held that a mayor had legislative immunity from claims that he scuttled a low‐income housing project because the prospective developer refused to hire his political ally as a contractor on the project. Affirmed judgment in favor of the mayor and the other defendants. Full Article Government Law Construction
ty Los Angeles County Metropolitan Transportation Authority v. Yum Yum Donut Shops Inc. By feeds.findlaw.com Published On :: 2019-02-26T08:00:00+00:00 (California Court of Appeal) - Held that a donut shop that was condemned through eminent domain because it was in the path of a proposed rail line was entitled to compensation for its lost goodwill. Reversed and remanded. Full Article Property Law & Real Estate Construction
ty 1305 Ingraham LLC v. City of Los Angeles By feeds.findlaw.com Published On :: 2019-03-12T08:00:00+00:00 (California Court of Appeal) - Held that a neighboring business was time-barred from challenging a city's approval of an affordable housing project. Affirmed the sustaining of a demurrer. Full Article Property Law & Real Estate Construction
ty 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
ty 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
ty 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
ty 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
ty 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
ty 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
ty 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
ty 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
ty 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
ty 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
ty In Re: Devan Dennis and Tyeane Halbert By feeds.findlaw.com Published On :: 2019-06-27T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The Illinois Child Care Assistance Program could not collect overpayments made to debtors under the Supplemental Nutrition Assistance Program who filed for bankruptcy. Full Article Bankruptcy Law Government Benefits
ty Johnson v. Housing Authority of City of Oakland By feeds.findlaw.com Published On :: 2019-08-09T08:00:00+00:00 (California Court of Appeal) - Reversed. Defendant, housing authority, terminated Plaintiff’s federally funded subsidized housing program. The trial court ordered Defendant to vacate its order. The appeals court found that there was nothing in the Defendant’s hearing of termination that indicated an abuse of discretion and reversed the trial court’s ruling. Full Article Administrative Law Government Benefits
ty Mick Martin's Blues Party, February 22, 2020 By www.capradio.org Published On :: Sat, 22 Feb 2020 21:00:00 GMT Full Article
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