Civil Remedies Education

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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

A Review of the Supreme Court’s 2015 - 2016 Term

Last week, the Supreme Court ended its 2015-2016 session under a cloud of uncertainty. On February 22, 2016, Justice Antonin Scalia, the stalwart of the Court’s conservative wing for 30 years, passed away. Justice Scalia’s...more

Court Grants Student Loan Debt Relief to a Graduate of a Non-Accredited Medical School

On April 4, 2016, the U.S. Bankruptcy Court for the Eastern District of New York issued a decision that may significantly change the landscape of student debt relief. In re Decena, No. 15-72903, 2016 WL 1371031 (Bankr....more

OCR Investigating Accessibility of State and Local Government Websites

The U.S. Department of Education’s Office for Civil Rights (OCR) has reportedly opened as many as 350 recent nationwide complaint investigations into whether educational agencies’ websites are accessible to individuals with...more

Fourth Circuit Holds That Title IX Protection Extends to Transgender Restroom Access

On April 19, 2016, the United States Court of Appeals for the Fourth Circuit, in a highly publicized decision, issued a ruling which addresses the rights of transgender students under Title IX of the Education Amendments Act...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

School district’s condemnation of a private road passes the test

The power of eminent domain allows a government or quasi-governmental entity to condemn (take) private property for a public use upon a showing of necessity. In exchange, the property owner must receive “just compensation”...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

$800K Settlement Illustrates Unique Issues Raised In Title IX Litigation

Student-on-student sex-assault cases have recently taken center stage in the higher education arena. The last two months have seen legal developments in this area which aptly illustrate the seemingly Sisyphean task facing...more

Alert: UCLA Cleared in Lawsuit Alleging Lax Authentication Involving Insider Access to Medical Records

Earlier this month, a California jury found the University of California, Los Angeles Health System (UCLA) not liable for damages that allegedly resulted when a medical office assistant, Alexis Price, improperly accessed and...more

Judge Moon and Civil Rights Lawsuits Against Bedford County Public Schools

Judge Moon has ruled on two cases in the past month involving constitutional civil rights issues and public schools. In L.E.A. v. Bedford County School Board, Judge Moon denied a preliminary injunction prohibiting 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

Collective Redundancy Consultation

In E Ivor Hughes Educational Foundation v Morris UKEAT/0023/15, the Employment Appeal Tribunal (EAT) considered the implications of an employer’s failure to consult with its employees in breach of U.K. collective redundancy...more

Wage claims by unpaid interns heat up

School is out and temperatures are rising. For many employers, summertime means a new crop of student workers. Summer internship programs are a time-honored tradition at many companies, providing educational benefits to the...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

DWT Asked To Serve As Legal Counsel for Stand Up For Speech Litigation Project

Constitution Day 2013 was a pretty bad day for the Constitution on our public university campuses. That was the day that Robert Van Tuinen of Modesto Junior College in California was prevented from passing out copies of the...more

The Consumer Financial Protection Bureau's case against Corinthian Colleges - Blog: Consumer Financial Protection Bureau

My most recent blog entries have been focused on the CFPB’s new mortgage servicing rules and the Flagstar Bank enforcement case. I’m going to switch gears for a moment and take a look at the Corinthian Colleges case. ...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

Declaratory Ruling Permits School Districts to Use Electronic Signs to Post Time, Date and Location of Referendum

The Connecticut State Elections Enforcement Commission [“SEEC”] has issued its first ruling interpreting the 2013 amendment to Connecticut General Statutes Section 9-369b, the state law that prohibits the use of public funds...more

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