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Court Allows Retired President to Pursue Claim of Contract for Lifetime Pay and Benefits Against University

by Bowditch & Dewey on

On February 7, 2017, the U.S. District Court for the Eastern District of Kentucky ordered that the former President of the University of the Cumberlands, Dr. James Taylor, may proceed on his claims that the University failed...more

PTAB Finds Sovereign Immunity Applies to IPRs for State Universities

by Winstead PC on

The Patent Trial and Appeal Board (PTAB) dismissed three inter partes review (IPR) proceedings involving the University of Florida based on sovereign immunity. As background, the University of Florida Research Foundation...more

Potential split emerges regarding the proper interpretation of the Supreme Court’s decision in Escobar

by Dentons on

As we previously reported, the Supreme Court’s decision in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), appears clear in its holdings that: (1) implied certification may support...more

NCAA’s System of Amateurism

Former UCLA basketball star and NCAA champion Ed O’Bannon was the lead plaintiff in a 2009 class action lawsuit that was the first serious challenge to the lifeblood of the NCAA’s very existence: all of its players are unpaid...more

Dispute an expert's jurisdiction appointed to provide expert determination?

by Dentons on

In the recent decision of Zvi Construction Co LLC v. Notre Dame University (USA) in England [2016] EWHC 1924, the Technology and Construction Court (TCC) had to consider whether a party had expressly or impliedly accepted the...more

Teacher’s Verbal Abuse of Student Does Not Rise to “Conscious-Shocking” Level Necessary to Support Due Process Claim

by Tucker Arensberg, P.C. on

L.H. and C.H. v. Pittston Area Sch. Dist., 130 F. Supp. 3d 918 (M.D. Pa 2015) (Decided September 10, 2015). The District Court for the Middle District of Pennsylvania determined that verbal abuse by a teacher, by itself,...more

Ban Proposed on Mandatory Pre-Dispute Arbitration Agreements by Schools Receiving Title IV Aid for Student Borrowers

by Ballard Spahr LLP on

The U.S. Department of Education has issued a proposed rule that includes a ban on mandatory pre-dispute arbitration agreements by schools receiving Title IV assistance under the Higher Education Act (HEA) and a new federal...more

New Jersey Becomes Third Recent State Court to Refuse To Enforce Delegation Clause

In a decision that appears intentionally controversial, the Supreme Court of New Jersey yesterday refused to enforce the delegation clause in a for-profit college’s enrollment agreement in a 5-1 opinion. Morgan v. Sanford...more

Bankruptcy Court Finds Student Loan Debt Dischargeable

by PretiFlaherty on

Student loan debt in the United States continues to mushroom, and according to the Federal Reserve, is approaching the $1 trillion mark. As bankruptcy practitioners and many in the public well know, the Bankruptcy Code...more

Trump University Playbooks Get Trumped By Trade Secrets Law

by Dorsey & Whitney LLP on

Chances are over the last several days you’ve heard presidential-hopeful Donald J. Trump express his displeasure with a certain federal judge sitting on the bench in the U.S. District Court for the Southern District of...more

California Teachers Seek Rehearing Before Full U.S. Supreme Court Regarding Constitutionality of “Agency Shop” Fees for Non-Union...

by Hirschfeld Kraemer LLP on

Attorneys for the Plaintiff California public sector teachers in the case of Friedrichs v. California Teachers Association have taken the extraordinarily rare step of petitioning the Supreme Court for a rehearing, and have...more

Education malpractice and student litigation: Achieving early dismissal

by Thompson Coburn LLP on

This post is the third in our three-part series on recent legal authority addressing the educational malpractice doctrine. As we noted in prior posts, we are examining this authority through the lens of “lessons learned,” and...more

Pennsylvania Commonwealth Court Holds Enforceable School District’s Oral Promise to Pay Subcontractor for Returning to Job after...

by Pepper Hamilton LLP on

Zacherl, Inc. v. Flaherty Mechanical Contractors, LLC, 131 A.3d 1030, 2016 Pa. Commw. LEXIS 22 (Jan. 6, 2016) - The West Allegheny School Board (the “School Board”) voted to approve the School District’s (the...more

Employment Law Letter - Spring 2016

by Shipman & Goodwin LLP on

Will Smoking Pot on the Job Get You Fired? You’d think that would be a slam dunk question, but if you’re a state employee whose union is willing to take your case to an arbitrator, apparently it isn’t. Back in 2012,...more

From The Jaws Of Defeat, Public Unions Snatch Lucky Victory

by Foley & Lardner LLP on

For many years, unions representing public employees in a variety of states have continued to require employees to pay union dues even if they have an objection to certain political, lobbying, or other activities the unions...more

Open Discussion of Pending Grievances Permitted At School Board Meetings

by Tucker Arensberg, P.C. on

Abington Heights School District (Case No. PERA-C-11-221-E) (Pa. LRB 2015) (Decided December 15, 2015). A Pennsylvania Labor Relations Board hearing examiner determined that the District was permitted to openly discuss...more

Viral Marketers Beware – In Alabama, Sales Tax Nexus Created for Out-of-State Bookseller Even Though In-State Teachers Not Acting...

by McDermott Will & Emery on

After a quarter of a century, the school book nexus cases continue to proliferate, delight and mystify. The latest installment in the saga is from Alabama. Scholastic Book Clubs, Inc. 2931 v. State Of Alabama Department Of...more

CAS Legal Mailbag Question of the Week – March 2016 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: Teacher attendance is a problem in my school. To be sure, most of the teachers are committed professionals whose attendance is admirable. However, a few of my teachers are out a lot, sometimes calling...more

Chapter 93A's Increasing Role in IP Litigation in Massachusetts

by Burns & Levinson LLP on

Chapter 93A, with its low and vague standards of liability and powerful remedies of multiple damages and attorneys, is playing an increasingly central role in intellectual property disputes in Massachusetts. Please see...more

Religious Institutions Update: December 2015

by Holland & Knight LLP on

Captive insurance companies can be a win-win for organizations with excellent claim records that would rather accrue their insurance premiums than pay them to a third-party insurer. Put simply, captive insurers are insurance...more

What Should Employers Expect During The New Supreme Court Term?

by Fisher Phillips on

The first Monday in October is the traditional first day of a new U.S. Supreme Court term.  As always, the 2015-16 term will have several cases that are of particular interest to the nation’s employers.  Here is a review of...more

NLRB Punts on College Athlete Unions

by Miller Canfield on

On August 17, 2015, the National Labor Relations Board issued the long awaited decision in the Northwestern University football union case. 362 NLRB No. 167 (8/17/2015). In a rare display of unanimity, the five members of...more

Kentucky Supreme Court Reinforces Importance of Properly Incorporated Arbitration Provisions to Larger Agreements

by Wilson Elser on

The Kentucky Supreme Court recently held that an arbitration provision signed by a class of students upon their application and acceptance to a for-profit college was unenforceable because the enrollment agreement did not...more

Court Compels Discovery Of Reinsurance And Other Insurance Documentation From Insurer In Garnishment Proceedings

by Carlton Fields on

The judgment was entered in a class action by plaintiffs who lost their tuition payments for computer training programs at schools that abruptly closed in 2009. In attempting to collect on the judgment, plaintiffs served...more

School Districts: New York State Court of Appeals Upholds Decision Invalidating Teacher Discipline (12/14)

by Bond Schoeneck & King PLLC on

In another blow to school districts’ ability to address problem teachers, the New York State Court of Appeals recently upheld the Appellate Division, Fourth Department decision in Kilduff v. Rochester City School District,...more

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