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Ocean, NJ ordered to allow Yeshiva boarding school

In January of this year, Yeshiva Gedola Na’os Yaakov, Inc. (the “Yeshiva”) filed a 79-page complaint in federal court against the Township of Ocean, New Jersey, and the Township’s Zoning Board of Adjustment (the “Township)...more

Prevailing RLUIPA Defendant Denied Attorneys’ Fees

This summer, we reported that Genoa Charter Township prevailed in a lawsuit filed by Livingston Christian Schools (LSC), which claimed that the Township violated RLUIPA’s substantial burden provision, the First Amendment to...more

First Circuit Adopts “Arm of the State” Test to Affirm Dismissal of FCA Complaint

In January 2016 in a matter of first impression, the First Circuit held that the University of Massachusetts Medical School is a state agency, and therefore not a “person” subject to liability in a False Claims Act (“FCA”)...more

Connecticut Unaffected by Federal Court Order Forbidding Enforcement of Transgender Guidance

Recently, a federal district court in Texas sided with Texas and several other states that challenged federal guidance instructing schools to accommodate transgender students under federal anti-discrimination laws. The...more

Third Circuit Rejects Class Certification for Widener Law Grads

A panel of the Third Circuit Court of Appeals refused to allow class certification for a group of Widener University School of Law Graduates who allege that the law school inflated postgraduate employment rate statistics in...more

Defamation Lawsuit Against Rolling Stone by Former UVA Fraternity Brothers Dismissed

This week, a judge dismissed a defamation lawsuit against Rolling Stone by three former Phi Kappa Psi fraternity brothers from the University of Virginia. The case resulted from a Rolling Stone article published in 2014,...more

Federal Court of Appeals Defers to OCR and Concludes Title IX Permits Transgender Students to Use Restrooms Based on Gender...

In a closely watched case, the federal Court of Appeals for the Fourth Circuit reversed a lower court decision and, in a 2-1 split opinion, held that, based on guidance from the federal Office for Civil Rights (OCR) within...more

Illinois Appellate Court Upholds $2 Million Punitive Award Against Chicago State University

The due process review of a punitive damages award for excessiveness has a number of interconnected parts. A series of relatively small errors can quickly add up and dramatically skew the outcome of a review process that is...more

Gawker Victory Against Unpaid Interns Provides Helpful Roadmap

A federal judge has sided with Gawker in the media company’s legal battle with a former unpaid intern who claimed that he should have been compensated as an employee. On March 29th, Judge Alison Nathan in the Southern...more

Are You Training Your Teachers on Trauma-Informed Practices?

The Compton Unified School District in California is currently defending itself in a unique federal court lawsuit brought by students who allege that by failing to properly address the symptoms of complex, personal trauma...more

Malicious Prosecution Case to Continue Against Patrick Henry Community College Athletic Director

An affair between a college coach and a basketball player, a disputed confrontation between parents and a college administrator, accusations of assault and kidnapping, fifteen days in jail, claims of false arrest and...more

NCAA Settlement Could Promote Concussion Prevention and Treatment, but Leaves Member Institutions on the Hook for Future Lawsuits

On January 26, U.S. District Judge John Lee of the United States District Court for the Northern District of Illinois granted preliminary approval of a new settlement of consolidated class action litigation involving the NCAA...more

Ninth Circuit Disallows Additional Compensation for College Athletes

Yesterday, the Ninth Circuit ruled in the long awaited O’Bannon v. NCAA case, which challenged NCAA rules that bar student-athletes from “being paid for the use of their names, images, and likenesses” (NILs) – part of the...more

Ninth Circuit Orders Stay in O’Bannon Case

On July 31, 2015, the United States Court of Appeals for the Ninth Circuit granted the NCAA’s request to stay the injunctions ordered by the District Court in the O’Bannon v. NCAA case....more

Public Transit Passes Satisfy the Transportation Requirements of the Charter School Law

Hoffman v. Steel Valley School District, 1002 C.D. 2014 (Pa.Cmwlth. 2015). The provision of public transit passes to charter school students fulfills the requirements of the Charter School Law for the provision of...more

Illinois Supreme Court OKs Injunctive Suit Against University Trustees

Earlier this month, the Illinois Supreme Court disposed of one of the older cases on its advisement docket. A sharply divided Court held in Leetaru v. The Board of Trustees of the University of Illinois that a former employee...more

School District Gets Expensive Lesson on Prompt Payment Law. But Did the Court Get it Right?

My kids don’t like riding in my car. I urge them to look outside the window (I don’t have DVD), suggest that they roll down their windows to get some fresh air (rather than have me turn on the A/C) and persist on...more

Construction Alert: School District Flunks Public Contract Code Exam on Withholding Retention

On January 27, 2015, the Court of Appeal, Second Appellate District, affirmed, in part, a hefty trial judgment against the Rio School District for improperly withholding retention funds in the case of FTR International, Inc....more

Justice Department Settlement Casts Doubt on Mandatory Medical Leave - Universities Should Be Well Trained in ADA Compliance and...

On Jan. 12, 2015, the U.S. Department of Justice announced a settlement with Quinnipiac University, a private institution located in Connecticut, to resolve allegations that the university violated the Americans with...more

Carnegie Mellon University v. Marvell: $1.5 Billion at Stake at the Federal Circuit

Currently on appeal to the United States Court of Appeals for the Federal Circuit is Carnegie Mellon University’s (“CMU”) $1.535 billion judgment for patent infringement against Marvell Technology Group Ltd. and Marvell...more

Deleted E-Mails? What Happens to the CCJEF Litigation Now?

This one should be pretty obvious, but for the record, it’s never a good idea to destroy potential evidence. For better or worse, however, it looks like the possible destruction of evidence will now be the focal point...more

Transgender Student Restroom Assignment Revisited

You may recall my colleague Zachary Schurin’s recent discussion of Doe V. Regional School Unit 26. In that matter, the Maine Supreme Court determined that the defendant school district’s requirement that a transgender...more

Illinois Supreme Court to Tackle Election Law and Sovereign Immunity on Thursday

The Illinois Supreme Court just announced that on Thursday morning, it will hand down decisions in two civil cases: Bettis v. Marsaglia, No. 117050 – “Does a plaintiff’s failure to name the Electoral Board as a party...more

Panoramic Stock Images, Ltd v. McGraw-Hill Global Education Holdings, LLC - USDC, N.D. Illinois, November 25, 2014

Panoramic Stock Images, Ltd v. McGraw-Hill Global Education Holdings, LLC - USDC, N.D. Illinois, November 25, 2014: District court denies textbook publisher McGraw-Hill’s motion for summary judgment on its statute of...more

McKee v. Peoria Unified School District: Court of Appeals Reverses Judgment Against School District in Public Records Case

In May, 2010, a student at a Peoria high school drowned during a swimming class supervised by physical education teacher Timothy McKee. After an internal investigation, the District sought to terminate McKee’s employment....more

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