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Construction

[08/20] Carr Business Enters., Inc. v. City of Chowchilla
Denial of request for contractual attorney fees is affirmed where: 1) the provision relied upon to authorize fees was a standard indemnity clause; and 2) these types of provisions do not create a reciprocal right to fees, despite a reference to performance of work under the contract.

[08/19] Disabled Action of Pennsylvania v. S.E. Pennsylvania Transp. Auth.
In a challenge under the Americans With Disabilities Act (ADA) and the Rehabilitation Act to defendant's alteration of two Philadelphia subway stations without including elevators, summary judgment for defendant is reversed and remanded where: 1) a two-year statute of limitations applied to plaintiffs' claims; and 2) the statute of limitations began to run when work was completed, as this was the time at which disabled individuals were subjected to the disparate treatment that the ADA was enacted to prevent, and not during the planning phase on the date when plaintiffs knew or had reason to know of the injury.

[08/19] Zumbrun Law Firm v. California Legislature
Denial of declaratory and injunctive relief for plaintiff is affirmed where: 1) the contract for the Capitol Park Safety and Security Improvement Project (Capitol Project) did not violate the separation of powers doctrine of article III, section 3 of the Constitution because the Legislature retains power necessary to its lawmaking functions, including the power to protect the safety and security of the Legislature; 2) the Legislature did not delegate this function to the Department of General Services when it created the Department to provide management and technical services for the state; and 3) the Legislature is not bound by the competitive bidding requirements of the State Contract Act, and the documents sought are exempt from discovery under LORA and the Constitution.

[08/18] In the Matter of: N A Flash Found. Inc.
In a bankruptcy case, refusal to avoid transfers made by debtor to one of its creditors just prior to its bankruptcy filing is affirmed where under state law, creditor was a beneficiary of a construction trust fund of which debtor was trustee, and would be entitled to full recovery of the funds transferred, even in a Chapter 7 proceeding.

[08/15] CenTra, Inc. v. Estrin
In a suit against a law firm for damages, alleging breach of contract, breach of fiduciary duties, and legal malpractice, summary judgment for the law firm is reversed where: 1) plaintiff established genuine issues of material fact regarding not only whether it impliedly consented to a conflict of interest, but also whether it could even consent to the conflict in the first instance; and 2) the district court abused its discretion in granting summary judgment prior to discovery.

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