v 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
v Cochise Consultancy, Inc. v. US ex rel. Hunt By feeds.findlaw.com Published On :: 2019-05-13T08:00:00+00:00 (United States Supreme Court) - Clarified the statute of limitations in qui tam lawsuits. Justice Thomas delivered the Court's unanimous opinion in this case involving the False Claims Act. Full Article Civil Procedure Government Contracts
v Alarm Detection Systems, Inc. v. Orlando Fire Protection District By feeds.findlaw.com Published On :: 2019-07-15T08:00:00+00:00 (United States Seventh Circuit) - District court's granting of summary judgment and bench verdict for Defendant affirmed. Sherman Act claim fails where the only current feasible way to comply with Chicagoland area city commercial fire safety ordinances was to use an exclusive provider. Under Fisher v. City of Berkeley, government restraints on trade imposed unilaterally do not form the basis of a Section 1 or Section 2 claim. Full Article Antitrust & Trade Regulation Government Contracts
v Branches Neighborhood Corp. v. CalAtlantic Group, Inc. By feeds.findlaw.com Published On :: 2018-08-24T08:00:00+00:00 (California Court of Appeal) - Upheld an arbitrator's decision in favor of a builder in a dispute with a community association over alleged defects in construction. The association, consisting of residential condominium units, argued that its arbitration claim should not have been dismissed on summary judgment even though the association had filed the claim without first receiving the consent of its members, in violation of its declaration of Covenants, Conditions and Restrictions. Agreeing with the builder, the California Fourth Appellate District affirmed denial of the association's motion to vacate the arbitrator's decision. Full Article Construction Property Law & Real Estate Dispute Resolution & Arbitration
v Narragansett Indian Tribe v. Rhode Island Department of Transportation By feeds.findlaw.com Published On :: 2018-08-30T08:00:00+00:00 (United States First Circuit) - Affirmed the dismissal of an Indian tribe's complaint against federal and Rhode Island agencies concerning a highway bridge reconstruction. The tribe argued, at base, that the state of Rhode Island broke a promise to give the tribe three parcels of land as mitigation for the expected negative impact on historic tribal land of an I-95 bridge replacement project. Agreeing with the district court, the First Circuit held that the tribe's claims were barred by federal sovereign immunity and lack of subject matter jurisdiction. Full Article Construction Government Law Indian Law
v Board of Trustees of Glazing Health and Welfare Trust v. Chambers By feeds.findlaw.com Published On :: 2018-09-04T08:00:00+00:00 (United States Ninth Circuit) - Held that a 2015 Nevada statute designed to protect construction general contractors from certain claims was not preempted by ERISA. A group of labor unions brought this action seeking a declaratory judgment that Nevada's SB 223, limiting general contractors' vicarious liability for their subcontractors' unpaid labor debts, was preempted by ERISA. Finding no preemption, the Ninth Circuit vacated the entry of summary judgment for the unions. Full Article Construction ERISA Labor & Employment Law
v Allied Concrete and Supply Co. v. Baker By feeds.findlaw.com Published On :: 2018-09-20T08:00:00+00:00 (United States Ninth Circuit) - Held that California did not violate the Equal Protection Clause when it adopted a 2015 amendment that conferred prevailing-wage protections on delivery drivers of ready-mix concrete. Reversed a summary judgment decision in this case involving a law that guarantees a special minimum wage to workers employed on public-works projects. Full Article Construction Transportation Labor & Employment Law
v Findleton v. Coyote Valley Band of Pomo Indians By feeds.findlaw.com Published On :: 2018-09-25T08:00:00+00:00 (California Court of Appeal) - Affirmed that a construction contractor was entitled to recover attorney fees he incurred in seeking to enforce his right to arbitrate a claim that an Indian tribe failed to pay him for his work. Full Article Construction Indian Law Attorney's Fees
v 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
v San Diego Unified Port District v. California Coastal Commission (Sunroad Marina Partners, LP) By feeds.findlaw.com Published On :: 2018-10-01T08:00:00+00:00 (California Court of Appeal) - Held that the California Coastal Commission did not act contrary to law in refusing to certify the San Diego Unified Port District's proposed master plan amendment authorizing a hotel development project, in a reversal of the trial court. Full Article Property Law & Real Estate Construction
v 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
v 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
v Contractors' State Licensing Board v. Superior Court (Black Diamond Electric, Inc.) By feeds.findlaw.com Published On :: 2018-10-29T08:00:00+00:00 (California Court of Appeal) - Held that an electrical contractor could not proceed with its lawsuit challenging a state licensing board's disciplinary decision, because the contractor was required to exhaust its administrative remedies before filing suit. Granted the licensing board's petition for a writ of mandate. Full Article Government Law Construction
v SI 59 LLC v. Variel Warner Ventures, LLC By feeds.findlaw.com Published On :: 2018-11-15T08:00:00+00:00 (California Court of Appeal) - Affirmed the dismissal of a property owner's negligence, breach of contract, and other claims arising out of a building construction dispute. Full Article Contracts Property Law & Real Estate Construction
v Hart v. Keenan Properties By feeds.findlaw.com Published On :: 2018-11-19T08:00:00+00:00 (California Court of Appeal) - Reversed a $1.6 million jury verdict in an individual's asbestos-related personal injury lawsuit. Held that there was no admissible evidence that the defendant company supplied asbestos-cement pipes to a worksite in the 1970s; the only evidence was hearsay. Full Article Construction Product Liability Injury & Tort Law
v Acosta v. Hensel Phelps Construction Co. By feeds.findlaw.com Published On :: 2018-11-26T08:00:00+00:00 (United States Fifth Circuit) - Held that the U.S. Secretary of Labor has authority under the OSHA statute to issue a citation to a general contractor at a multi-employer construction worksite who controls a hazardous condition at that worksite, even if the condition affects another employer's employees. Criticized a circuit precedent, Melerine v. Avondale Shipyards, Inc., 659 F.2d 706 (5th Cir. 1981), which had held that the Act protects only an employer's employees. Full Article Labor & Employment Law Construction
v 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
v M.E.S., Inc. v. Safeco Insurance Co. of America By feeds.findlaw.com Published On :: 2018-12-14T08:00:00+00:00 (United States Second Circuit) - Held that a general contractor could not proceed with its breach-of-contract and other claims against an insurance company that had issued surety bonds in connection with several federal construction projects. Affirmed dismissal of the general contractor's claims. Full Article Construction Contracts
v ACCO Engineered Systems, Inc. v. Contractors' State License Board By feeds.findlaw.com Published On :: 2018-12-15T08:00:00+00:00 (California Court of Appeal) - Upheld a decision of the Contractors' State License Board finding that a large contracting company violated California law by failing to obtain a building permit before replacing a boiler. Affirmed the denial of the company's writ petition. Full Article Construction
v SummerHill Winchester LLC v. Campbell Union School District By feeds.findlaw.com Published On :: 2018-12-20T08:00:00+00:00 (California Court of Appeal) - Affirmed that a school district failed to take the proper steps to enact a fee on new residential development within the district to fund the construction of school facilities. Held that the fee study did not contain the data required to properly calculate a development fee. Full Article Education Law Tax Law Construction
v 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
v 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
v 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
v 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
v 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
v 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
v 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
v Aspic Engineering and Construction Co. v. ECC Centcom Constructors, LLC By feeds.findlaw.com Published On :: 2019-01-28T08:00:00+00:00 (United States Ninth Circuit) - Held that an arbitrator made an "irrational" decision in a contract dispute between two government contractors. Affirmed the district court's vacatur of the arbitration award, in this case involving contracts to construct buildings and facilities in Afghanistan. Full Article Military Law Dispute Resolution & Arbitration Construction
v Trustees of the Suburban Teamsters v. The E Company By feeds.findlaw.com Published On :: 2019-01-29T08:00:00+00:00 (United States Seventh Circuit) - Held that a construction business that ceased operations and cut off its pension contributions was subject to withdrawal liability under ERISA's Multiemployer Pension Plan Amendments. Affirmed summary judgment in favor of a labor union pension fund. Full Article ERISA Construction
v 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
v 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
v In re Border Infrastructure Environmental Litigation By feeds.findlaw.com Published On :: 2019-02-11T08:00:00+00:00 (United States Ninth Circuit) - Held that the U.S. Department of Homeland Security had the statutory authority to expedite construction of physical border barriers near San Diego and Calexico, California. The State of California and multiple environmental groups challenged the agency's 2017 authorization of these projects, which involved wall prototypes and tens of miles of replacement fencing. However, the Ninth Circuit affirmed summary judgment in favor of the federal government. Full Article Environmental Law Immigration Law Construction
v 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
v Design Built Systems v. Sorokine By feeds.findlaw.com Published On :: 2019-02-26T08:00:00+00:00 (California Court of Appeal) - In a dispute between a homeowner and building contractors, reversed the trial court's directed verdicts and remanded. Full Article Property Law & Real Estate Construction
v 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
v Centex Homes v. R-Help Construction Co., Inc. By feeds.findlaw.com Published On :: 2019-03-11T08:00:00+00:00 (California Court of Appeal) - Held that a subcontractor hired to install utility boxes in a residential subdivision had a contractual duty to defend the developer from a personal injury claim alleging that the plaintiff fell into a defectively constructed utility box. Reversed and remanded. Full Article Injury & Tort Law Insurance Law Construction
v 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
v 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
v 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
v 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
v 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
v 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
v 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
v 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
v 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
v 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
v 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
v 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
v 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
v 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