(California Court of Appeal) - Reversed the dismissal of a suit filed by a student athlete volleyball player against a community college after she was injured during a tournament game when she dove into the sand and her knee struck a rock. The community college argued that it was protected by an immunity covering field trips and excursions, as set forth in section 55220 of title 5 of the California Code of Regulations. Rejecting this argument, the Fourth Appellate District held that this provision did not apply to an injury suffered by a member of a visiting team during an intercollegiate athletic event. The panel therefore reversed an order granting a demurrer and remanded.

(United States Ninth Circuit) - Affirmed summary judgment against private landowners in a dispute regarding the boundaries of a hiking and biking trail built along the path of an old railroad easement. The landowners, whose properties abutted the rail corridor, sued the county government to challenge the nature, scope, and width of the corridor covered by the easement. The county counterclaimed asking the court to quiet title. On appeal, the Ninth Circuit agreed that the county was entitled to prevail.

(California Court of Appeal) - Held that the organizer of a half-marathon race potentially could be liable for the cardiac-arrest death of one of the runners. Surviving family members of the runner alleged that the race organizer was negligent or grossly negligent with respect to the provision of emergency medical services. Affirming in part and reversing in part, the First Appellate District held that summary judgment was not warranted based on primary assumption of the risk and that a triable issue of material fact existed regarding gross negligence.

(California Court of Appeal) - Affirmed summary judgment against a yoga student's claim that her instructor caused her injury while adjusting her posture during a yoga class. According to the student, the instructor harmed her when he moved her leg, lower back, and neck. On appeal, the California Second Appellate District agreed with the yoga instructor that there was no triable issue as to causation, because the student had offered no evidence conflicting with that of the instructor's experts, who opined that the student's medical issues were unrelated to the yoga class.

(United States Seventh Circuit) - Held that two riders seriously injured while horseback riding in Wisconsin could not pursue negligence claims against trail and stable operators, because their causes of action were barred by Wisconsin's equine-immunity statute, which blocks recovery for most injuries that result from an inherent risk of equine activities. Affirmed summary judgment and judgment on the pleadings against the riders, respectively.

(California Court of Appeal) - Held that a skier could not proceed to trial on her negligence claims alleging that, after hurting her knee, she was helped down the mountain by a ski patrol when the rescue sled in which she was riding went out of control and hit a tree. Affirmed summary judgment for the ski resort.

(California Court of Appeal) - Affirmed on summary judgment that a YMCA was not liable for negligence in the death of a man who died of sudden cardiac arrest after playing soccer on a YMCA-owned field that was rented to a nonmember league. Held that the YMCA had no common-law duty of care to provide hands-on usage of an automatic external defibrillator on the facts here.

(United States Ninth Circuit) - Held that a child who suffered head injuries while playing in a youth water polo league stated a claim that USA Water Polo acted negligently and unlawfully by failing to implement concussion-management and return-to-play protocols. Reversed the dismissal of a proposed class action brought by her parent on her behalf.

(California Court of Appeal) - Revived claims brought by several African-American college basketball players that their head coach had engaged in race-based discrimination and retaliation. The players claimed that the coach reduced their playing time, afforded them fewer opportunities, punished them more severely and otherwise favored their teammates of other races. Reversed summary judgment in relevant part on their claims under title VI of the Civil Rights Act of 1964 and California law.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(United States Federal Circuit) - Appeal to determine meaning of special factor in 28 USC 2412(d)(2)(A), Equal Access to Justice Act. When special factor is found the statutory attorney fee rate is increased. The Claims Court found special factor existed in a bid protest claim where the Department of Health and Human Services (HHS) was stated to have acted arbitrarily and awarded plaintiff attorney fees increased by special factor. The Federal Court of Appeals held that the Claims Court erred and there was no special factor. Egregious misconduct by the HHS does not constitute a special factor.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.