Court Opinions Archives

News Court Opinions

Virtual Trial, Real Results

Congratulations to Lanak & Hanna veteran trial attorney, Mac W. Cabal, for conducting the firm’s first-ever “virtual” trial, obtaining a complete victory for the client. Lanak & Hanna represented the Plaintiff and Cross-Defendant, a security and fire alarm company. The…

Lanak & HannaApril 27, 2021

News Court Opinions

Industry Alert! Court of Appeals Rules “Pay When Paid” Not a Defense for Payment Bond Surety

In a very important reported case handed down by a California Appeals Court on April 17, 2020, Crosno Construction v. Travelers Casualty and Surety Company, (2020 WL 1899278) the Court held that denying a public works payment bond claim by the surety…

Colin McCarthyApril 19, 2020

Court Opinions Uncategorized

OSHA Alert: Court Upholds OSHA Penalties for Protective Footwear in Warehouse

A California Appeals Court has affirmed Cal/OSHA citations against Home Depot for failing to require its warehouse employees to wear protective footwear, such as steel-toed shoes. To see full article, click HERE. For more on this area of law, contact Thomas…

Thomas PadianNovember 8, 2019

Court Opinions

Court Allows Public Entity to Unilaterally Remove and Replace Subcontractor Under Subcontractor Listing Law

The Subletting and Subcontracting Fair Practices Act, also known as the Subcontractor Listing Law, allows a direct contractor to request a substitution of a subcontractor from a public owner. The Subcontractor Listing Law, however, is silent as to whether the…

Lanak & HannaJune 24, 2019

Court Opinions

Court of Appeals Distinguishes “Design” from “Performance” Specs

The Court of Appeals for the 5th District examined the difference between "design" and"performance" specifications in connection with a project at the University of California, Merced.Berkeley Cement, Inc.was awarded the low bid for the structural concrete work on the new…

Lanak & HannaFebruary 22, 2019

Court Opinions

California Supreme Court Helps Yelp: What to do about Negative Online Reviews

The California Supreme Court recently ruled online forums such as Yelp are not legally required to remove negative posts, even if they are found to be defamatory. The case (available here) involved a law firm whose former client published a series…

Mac CabalAugust 27, 2018

Court Opinions

Supreme Court Weighs in on Employee vs. Independent Contractor Debate

In an April 30, 2018 decision by the California Supreme Court, dealing with the issue of whether a delivery drivers' class should be decertified, the Court addressed with the factors that should be applied to determine if a worker was…

Frank LanakJune 12, 2018

Court Opinions

California High Court Finds Contractor Liable for Penalties Where Retention Withheld for Unrelated Dispute

May a contractor withhold retention payments when there is a good faith dispute of any kind between the contractor and a subcontractor not involving the retention itself?The California Supreme Court has said no in the recently decided case of United…

Natasha BuchananJune 12, 2018

Court Opinions

Conflict of Interest–Contractors Beware

Recently, we have seen an increase in legal rulings related to contractor conflict of interest in public works projects.

Colin McCarthyDecember 8, 2016

Court Opinions

Court Alters Bidding Landscape

In a recent Appellate Court decision, Flintco Pacific, Inc. v. TEC Management Consultants, Inc., a California court addressed the issue of when a general contractor is reasonable in relying on a subcontractor’s bid.

Colin McCarthyAugust 16, 2016

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Court Opinions

Virtual Trial, Real Results

Industry Alert! Court of Appeals Rules “Pay When Paid” Not a Defense for Payment Bond Surety

OSHA Alert: Court Upholds OSHA Penalties for Protective Footwear in Warehouse

Court Allows Public Entity to Unilaterally Remove and Replace Subcontractor Under Subcontractor Listing Law

Court of Appeals Distinguishes “Design” from “Performance” Specs

California Supreme Court Helps Yelp: What to do about Negative Online Reviews

Supreme Court Weighs in on Employee vs. Independent Contractor Debate

California High Court Finds Contractor Liable for Penalties Where Retention Withheld for Unrelated Dispute

Conflict of Interest–Contractors Beware

Court Alters Bidding Landscape

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