NAMC MID CAL THE LAW & LITIGATION

NAMC's Subcontractor's  (win) Representation  award under Owner Control Insurance Program   Oral argument was presented before Presiding Justice Judith McConnell, Justice Patricia Benke, and Justice Joan Irion, in the Fourth Appellate District, Division One The court of appeal has returned jurisdiction to the trial court  for  Black IPO as Subcontractor (win) under Owner Control Insurance Program was awarded costs on appeal by the Court of Appeal. Were not “evidence” of anything and the summary judgment motion was never even adjudicated. Also noted there was conflicting evidence presented at trial about the responsibility for the court offered a jury instruction on the absent defendant. our firm to pursue the costs we need to file a Memorandum of Costs in the Superior Court within 40 days of issuance of the remittitur. Black IPO  have been awarded our costs on appeal, and we intend to file for those costs. by Lewis Brisbois Bisgaard & Smith, LLP

 U.S. District Court in Sacramento.
Associated General Contractors of America San Diego Chapter v. California Department of Transportation, in U.S. District Court in Sacramento. The Lawyers' Committee for Civil Rights of the San Francisco Bay Area (LCCR), the American Civil Liberties Union (ACLU) Foundation of Northern California, Equal Justice Society (EJS) and the law firm Bingham McCutchen LLP  filed the motion on behalf of the Coalition for Economic Equity (CEE) and the San Diego Chapter of the NAACP on behalf of Wendell Stemley, NAMC plaintiff. Judge John Mendez of Sacramento ruled

Ninth Circuit Court of Appeals Upholds Caltrans Equal Opportunity Program
The Ninth Circuit Court of Appeals ruled today in the case of Associated General Contractors, San Diego Chapter v. Caltrans (AGC v. Caltrans), affirming the 

A three-judge panel of the Ninth Circuit Court of Appeals upheld the Caltrans program ensuring that minority and women-owned businesses are on equal footing to compete for federally-funded contracts. release from the Lawyers’ Committee here. Download the opinion here | SF Chronicle | Sacramento  Judge ruled that the California Department of Transportation’s equal opportunity program for contracting businesses constitutional an continue its mission to ensure that minority and women-owned businesses have equal ground to compete for federal stimulus funds and other federal contracts
The NAACP San Diego Branch intervened In a lawsuit where the Associated General Contractors (ACG) San Diego challenged the Caltrans set aside program in Wendell Stemley, NAMC Mid Cal was our plaintiff and he made it possible for our branch to intervene in the lawsuit. We sought other plaintiffs to represent as well, but Wendell was the only one we found who was willing to stand up to the challenge. in the suit by the Associated General Contractors' San Diego chapter, U.S. District Judge John Mendez of Sacramento ruled that Caltrans had shown that without the preferences, its contracting practices discriminate against minorities and women. Judge Mendez cited a department study that found minority- and female-owned companies were receiving more than 10 percent of federal funds before 2006 and less than 3percent after the state suspended the set-aside program. Mendez also cited civil rights groups' evidence of discriminatory contracting practices. The evidence showed an "old boys' network" in which contractors usually awarded subcontracts to their friends and rarely contacted minorities or women, said attorney Oren Sellstrom of the Lawyers' Committee for Civil Lei-Chala I. Wilson, Esq. President NAACP
 

DOT reporting a total number of 14,267 DBE contracts were awarded for a total of $1,834,958,203.67 in awards and commitments.

Of the total number of contracts awarded 8,173 were awarded to Nonminority DBE firms.

We are addressing with DOT the pay when paid exclusion for DBE firms also addressing States that mandate a pre-qualification of DBE of Federal Contracts not mandated by Federal DOT