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Federal Court Turns Away School District’s Attorney-Fee Claim

The United States District Court for the Western District of Texas has rejected a claim for attorney fees under 42 U.S.C. § 1988(b), which authorizes courts to award reasonable fees in actions to enforce civil rights statutes...more

Attorneys’ Fees Awarded To Charter School In IDEA Action

The District Court for the District of Columbia recently issued a decision awarding attorneys’ fees to a charter school (that operates as its own local education agency), finding that the parent’s attorney filed and continued...more

Feds Revive Efforts to Regulate Seclusion and Restraint

On February 12, 2014 the United States Senate’s Health, Education, Labor and Pensions [“HELP”] Committee released the results of its investigation into the use of restraint and seclusion in schools. Entitled Dangerous Use of...more

CWP 2693 of 2010/ 9968 of 2009 [Hemant Goswami vs. Union of India]

Final Order of High Court in Child Labour Case

Under the J.J. Act of 2000, a person up to the age of 18 years is treated as ‘child’. Same age is prescribed under the CPCR Act, 2005 as well. However when it comes to prohibition of Child Labour Act of 1986, the definition...more

University School of Milwaukee to Pay $37,500 in EEOC Pregnancy Discrimination Suit

Employee Was Fired Because of Her Pregnancy, Federal Agency Charged - MILWAUKEE - A Milwaukee K-12 school will pay $37,500 and furnish other relief to settle a pregnancy discrimination lawsuit filed by the U.S. Equal...more

DOJ ADA Settlement Involving Hepatitis B Sends Critical Message to Higher Ed and Medical Providers

The DOJ has concluded that two medical schools had no lawful basis for excluding applicants who had active cases of Hepatitis B because they could not show that these individuals posed a direct threat to the health and safety...more

University of Maryland Faculty Physicians, Inc. Will Pay $92,500 to Settle EEOC Disability Lawsuit

Medical Practice Fired Employee Because of Her Crohn's Disease, Federal Agency Charged - BALTIMORE - University of Maryland Faculty Physicians, Inc. will pay $92,500 and furnish other relief to settle a disability...more

Marymount Manhattan College Settles EEOC Age Discrimination Lawsuit

College Pays $125,000 to 64-Year-Old Applicant - NEW YORK - Marymount Manhattan College has settled a lawsuit filed by EEOC alleging that it refused to hire a choreography instructor for a tenure-track assistant...more

School District’s Actions To Stop Bullying Not Enough To Avoid $1 Million Damages In Student-On-Student Harassment Case

In Zeno v. Pine Plains Central School District, the school district lost its challenge to a $1 million damage award for student-on-student harassment. Former student Anthony Zeno prevailed at trial against his school district...more

Student Awarded $1 Million In Student Harassment Case Against School District

On December 3, 2012, the United States Court of Appeals for the Second Circuit affirmed the District Court’s decision that the Pine Plains Central School District violated Title VI of the Civil Rights Act of 1964....more

Biediger, et al., v. Quinnipiac University

Federal Appeals Court Upholds Ruling in Quinnipiac Title IX Case (Decision)

The U.S. Court of Appeals for the Second Circuit affirmed today that Quinnipiac University failed to provide equal athletic opportunities for women, agreeing point by point with a 2010 ruling by U.S. District Court Judge...more

Appellate Court Holds Educational Malpractice Claims Not Cognizable in Illinois

In a case of first impression, the First District Appellate Court recently held in Waugh v. Morgan Stanley and Co., Inc. that the tort of “educational malpractice,” also called “negligent instruction,” is not a cognizable...more

Chad Roark v. LaGrange School District

Holding That FMLA Illness Precludes ADA Count of "Regarded as" ADA

This is a decision from almost a year ago, which in many ways is a typical summary judgment ruling wherein two FMLA claims survived but two ADA claims perished. The two ADA claims were based on illegal medical inquiries, 29...more

Ninth Circuit Holds that an Employer Need Not Reasonably Accommodate an Employee Who Does Not Meet the Job's Minimum Requirements

On December 8, 2011, the Ninth Circuit Court of Appeals held that a disabled teacher who failed to meet the minimum requirements for her position was not a “qualified individual” under the Americans with Disabilities Act...more

Caution on Exhaustion:The Courts' Misinterpretation of the IDEA's Exhaustion Requirement for Claims Brought by Students Covered by...

The Individuals with Disabilities Education Act (“IDEA”) expressly allows students with disabilities eligible under the IDEA to bring civil actions against their school districts not only for violations of the...more

Ken Berry: Litigation Paralegal and Award-Winning Prisoner Advocate

I wrote this Paralegal Spotlight for Paralegal Today (July/Sept 2010) featuring Ken Berry, a litigation paralegal and award-winning prisoner advocate. Incarcerated for eight years due to a wrongful conviction, Berry turned...more

Punishment of a School District by Requiring it to Pay for Compensatory Education or to Reimburse Private School Tuition is not...

School districts are often required to reimburse the parents of students with disabilities for private school tuition or to pay for compensatory education for the child. The Third Circuit has recently defined when such...more

Requirements to File Suit on Discrimination in the Workplace - Research Memorandum

This memo was prepared to update a senior partner on the requirements of filing a suit by a teacher for discrimination in the workplace. In this case the client was passed over for promotion in favor of a male teacher who...more

HOW TO FILE A CIVIL RIGHTS COMPLAINT

This document shows HOW TO file a civil rights complaint for discrimination....more

HOW TO FILE A CIVIL RIGHTS COMPLAINT FOR DISCRIMINATION

THIS DOCUMENT SHOWS PARTIES HOW TO FILE A CIVIL RIGHTS COMPLAINT IF THEY FEEL THEIR RIGHTS HAVE BEEN VIOLATED OR DISCRIMINATED AGAINST....more

CASE RESOULUTION FORM FOR CIVIL RIGHTS INVESTIGATIONS

This document provides guidelines for those whose civil rights have been violated and what appropriate remedies are available to patient/client....more

CASE RESOULUTION FORM FOR CIVIL RIGHTS INVESTIGATIONS

This document provides guidelines for those whose civil rights have been violated and what appropriate remedies are available to patient/client....more

History of Freedom of Speech

Do you know why the rights of speech are what they are? Only if you see the way they were intended, can you realize they are being taken away....more

Hemant Goswami versus Union of India and Ors.

Civil Writ Petition - Public Interest (PIL)

The PIL highlighted that despite being allotted land at highly subsidised prices, the private educational institutions were not providing the mandatory 15 percent free seats to economically poor students. The petition...more

Smithies v Caprine Academy

ADA Appellate Brief (law school paper)

Law school paper covering the American's with Disabilities Act. 42 U.S.C.§ 12101, et. seq....more

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