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Case Summaries

Construction

[09/05] Oglala Sioux Tribe v. C & W Enters.
In a construction contract dispute involving a federally recognized Native American tribe, an order enjoining a South Dakota state court from confirming an arbitration award against the Oglala Sioux Tribe for lack of subject matter jurisdiction is vacated and remanded where: 1) three of the four contracts subject of the arbitration contained explicit waivers of the tribe's sovereign immunity; and 2) the tribe waived sovereign immunity as to the fourth contract by agreeing to include it in the same arbitration.

[09/04] Schaffter v. Creative Capital Leasing Group
In a contract claim related to a real estate transaction, judgment in favor of plaintiffs is affirmed over claims of error that: 1) the court erred by finding defendant defaulted under various agreements with third parties to purchase condominiums, thereby triggering its responsibility under a Buyer Broker Compensation Contract to pay it commissions; 2) there was no default because the developers pursued no damages against defendant and opted to cancel the agreements; 3) the Buyer Broker Contract and identical contract with plaintiff's assignor are void because they did not contain a date certain for their termination; and 4) assignment of rights to commissions is void because it was made prematurely.

[09/03] Padilla v. Pomona College
In an action for personal injury and premises liability arising from a worksite injury during the remodel of a dormitory at defendant Pomona College, grant of summary judgment in favor of defendants is affirmed over claims of error that: 1) defendants had delegated the task of making the worksite safe to others, and that they did not exercise any retained control in a manner that affirmatively contributed to plaintiff's injuries; 2) California Occupational Safety and Health Act of 1973 (Cal-OSHA) regulations did not establish defendants' negligence per se or impose a non-delegable duty on defendants; and 3) that plaintiff's expert testimony lacked foundation.

[09/02] Zanelli v. McGrath
In a property matter, judgment quieting title to an adjacent property owned by defendant is affirmed where the easement benefiting plaintiff and burdening defendant was extinguished by merger.

[08/27] Byrd v. Dressel
In an action brought by a group of homeowners and community organizations seeking declaratory and injunctive relief against a city, employees, and developers who remodel and convert private homes into student residences, a judgment against plaintiffs is affirmed where: 1) case precedent does not categorically preclude due process challenges to impermissible governmental action that deprives a person of real property; 2) however, under ordinary Due Process Clause jurisprudence, plaintiff failed to state a claim, notwithstanding its understandable concerns about the aesthetics and ambiance of the neighborhood; and 3) claims under the National Historic Preservation Act (NHPA) and defendant-city's municipal code also failed.

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