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Breach of Fiduciary Duty Case Against University Retirement Plan Fiduciaries Survives Motion to Dismiss

by Ballard Spahr LLP on

A plaintiffs' class action law firm in St. Louis made national headlines last August when it filed a series of breach of fiduciary duty lawsuits under ERISA, the federal employee benefits law, against the fiduciaries of...more

CFPB and Two States File Suit Against Student Loan Company Navient

The CFPB announced on Wednesday that it had filed a lawsuit against Navient Corporation, formerly part of Sallie Mae, and two of its subsidiaries for alleged “systematic” failures in student loan servicing. The complaint...more

Appellate Court Determines that Student Handbook is not a Contract

by Franczek Radelet P.C. on

In Mulvey v. Carl Sandberg High School et al., a family sued its school district and various district officials and coaches alleging breach of contract for the District’s alleged failure to enforce the anti-bullying policies...more

T&E Litigation Newsletter- November 2016 #2

by Goulston & Storrs PC on

The Supreme Judicial Court recently issued its decision in Degiacomo v. City of Quincy, No. SJC-11940, 2016 WL 6683970, at *1 (Mass. Nov. 15, 2016), which is the latest chapter in a story that began with a trust established...more

Seventh Circuit Revisits Sanford-Brown, Rejects Implied Certification Claim

by Bass, Berry & Sims PLC on

In one of the few cases to apply the Supreme Court’s recent decision in Universal Health Services v. Escobar, the Seventh Circuit recently revisited and affirmed its prior rejection of an implied certification claim under the...more

Higher ed braces for flood of lawsuits over retirement plans

by Thompson Coburn LLP on

Numerous colleges and universities sponsor retirement plans—both defined benefit (DB) and defined contribution (DC)—to provide retirement income security for their employees. But recently a number of higher education...more

In Wake of Escobar, Cases Return to Circuit Courts

On Monday, the U.S. Supreme Court issued summary dispositions vacating the judgments in three cases brought under the False Claims Act (“FCA”). The Court remanded the cases back to their respective circuit courts for...more

Bard Whistleblower Settlement Highlights Potential Risks for Higher Education Institutions

by Saul Ewing LLP on

Bard College recently entered into an agreement with the United States to pay $4 million to settle a whistleblower suit alleging violations of the False Claims Act. Bard is a non-profit liberal arts institution founded in...more

New York’s Appellate Division Reinstates Attorney General’s Statutory Fraud Claim Against “Trump University”

In State of New York v. Trump Entrepreneur Initiative LLC, New York’s Appellate Division recently denied a motion by Donald Trump’ organization to dismiss a fraud claim brought by the New York Attorney General (“AG”) under...more

4 takeaways for higher ed from the Alaburda student lawsuit verdict

by Thompson Coburn LLP on

Last week a California jury rejected a law school graduate’s claim that her alma mater falsified graduate-employment data in the much-anticipated Alaburda v. Thomas Jefferson School of Law trial. The lawsuit was filed on May...more

Students Have One Year After Reaching the Age of Eighteen to File Personal Injury Lawsuit Against School

by Franczek Radelet P.C. on

The Illinois Appellate Court (Second District) recently determined that a student who was injured while at school as a minor could not pursue a personal injury lawsuit against the school district because she did not file the...more

Illinois Appellate Court Upholds Protections of Tort Immunity Act for School Districts

by Franczek Radelet P.C. on

The Illinois Appellate Court (Second District) recently held that several parents’ action challenging an Illinois school district’s reorganization of two elementary schools was barred by the Illinois Local Governmental and...more

Alert: FTC Focuses on Lead Generation Practices in Higher Education and Ed Tech

by Cooley LLP on

On Friday, October 30, 2015, the Federal Trade Commission conducted a workshop in Washington, DC on lead generation practices, with a specific consumer protection focus on activities in the higher education sector including...more

D.C. Circuit Interprets the First-to-File Rule Narrowly

by Dorsey & Whitney LLP on

A decision this week from the D.C. Circuit shed light on three important issues. United States ex rel. Heath v. AT&T, Inc., No. 14-7094 (D.C. Cir. June 23, 2015). In 2008, the appellant, Todd Heath, filed an FCA qui tam...more

“Abusive” Development – Recent Applications of the Prohibition against Abusive Acts and Practices

by Dorsey & Whitney LLP on

The enactment of the Dodd-Frank Act in 2010 created the Consumer Financial Protection Bureau (“CFPB”) and, among other things, vested it with broad authority to enforce prohibitions on unfair, deceptive and abusive acts and...more

SEC Files Fraud Action Centered on Student Loans

by Dorsey & Whitney LLP on

Student loans, and the debt burdening many students at graduation, is an important political topic. It is not generally a subject for the Securities and Exchange Commission. Nevertheless, at the center of is most recent...more

The UNC Former Student-Athletes’ Litigation: The Defense Enters the Field

by Ellis & Winters LLP on

We wrote last month about the lawsuit filed against the University of North Carolina and the NCAA by former UNC student-athletes Rashanda McCants and Devon Ramsey....more

The CFPB & UDAAP: A “Know It When You See It” Standard?

by Morrison & Foerster LLP on

The Consumer Financial Protection Bureau’s (CFPB) continued and expanded reliance on its sweeping authority to prohibit unfair, deceptive, and abusive acts or practices (UDAAP) continues to command the attention of financial...more

Office Depot Agrees to Pay $68.5 Million to Settle California FCA Claims

A California judge approved a $68.5 million settlement yesterday to resolve allegations that Office Depot violated the California False Claims Act (CFCA) by overcharging California public entities for office and classroom...more

Student Debt Relief Services Slapped with TSR and UDAAP Claims

by MoFo Reenforcement on

On December 11, 2014, the CFPB filed two actions against debt relief companies. Complaint for Permanent Injunction and Other Relief, Consumer Fin. Prot. Bureau v. IrvineWebWorks, Inc., No. 8:14-cv-1967 (C.D. Cal. Dec. 11,...more

Section 75-1.1 Stars in New Putative Class Action Against UNC

by Ellis & Winters LLP on

Last Thursday, former UNC football player Michael McAdoo filed a putative class action against UNC-Chapel Hill. This federal complaint has already received extensive publicity. The publicity, though, has overlooked the...more

Disciplinary Proceedings and the Duty of Care

by Faegre Baker Daniels on

In Coventry University v Mian [2014] EWCA Civ 1275, the Court of Appeal considered whether an employer had breached its duty of care by commencing disciplinary action against an employee on the basis of a preliminary, rather...more

Conflicts & Nepotism – A Dangerous Employment Cocktail

Last week, Alabama Governor Robert Bentley removed Alabama State University Trustee Marvin Wiggins for violating the University’s conflict of interest rules. The removal proved once again that if you are responsible for the...more

SEC Issues First MCDC Cease and Desist Order

by Ballard Spahr LLP on

Yesterday, the Securities and Exchange Commission (SEC) announced its first cease and desist order under its Municipalities Continuing Disclosure Cooperation Initiative (MCDC Initiative). The MCDC Initiative was introduced on...more

The CFPB & UDAAP: A “Know It When You See It” Standard?

by Morrison & Foerster LLP on

Institutions regulated by the Consumer Financial Protection Bureau (CFPB) and subject to its enforcement authority are dealing with of the agency’s sweeping authority to prohibit unfair, deceptive, and abusive acts or...more

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