Civil Remedies | JD Supra Legal News, Updates, Analysis, & Information

Federal District Court’s Copyright Ruling Favors Georgia State University

by Franczek Radelet P.C. on 5/22/2012

In a case that has been closely watched through the higher education community, the U.S. District Court for the Northern District of Georgia held on May 11, 2012, that Georgia State University (GSU) was entitled to prevail in...more

GSU Scores a Victory for Academic Fair Use in Landmark Copyright Case

by Ballard Spahr LLP on 5/21/2012

In a landmark decision on the nature of copyright law in the digital age, a federal judge in Atlanta has ruled in favor of officials at Georgia State University on nearly all the copyright infringement claims lodged by a trio...more

Circuit Court Upholds Department Regulations Excluding Cochlear Implant Mapping from Definition of Related Services

by Franczek Radelet P.C. on 5/11/2012

The IDEA and its implementing regulations require districts to provide students with disabilities assistive technology devices and services as well as related services to enable them to benefit from special education and...more

How Will the Arizona Immigration Law Affect Education Law?

by Cullen and Dykman LLP on 5/10/2012

On April 25, 2012 the U.S. Supreme Court heard arguments regarding the constitutionality of the controversial Arizona immigration law. The Court’s decision on the Arizona law will have broad implications on schools across the...more

Appellate Court Overturns Detachment Petition

by Franczek Radelet P.C. on 5/2/2012

Last week the Second District Illinois Appellate Court overturned a decision by the Regional Board of School Trustees of DuPage County to grant a detachment petition. The Appellate Court’s decision in Board of Education of...more

Appellate Court Holds Educational Malpractice Claims Not Cognizable in Illinois

by Franczek Radelet P.C. on 4/12/2012

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

Child Rape Victims Awarded $4 Million in California Lawsuit

by Lawyers.com on 4/2/2012

Two grade-school victims of a predatory gym teacher have been awarded over $4 million in a civil suit against the Sacramento School District, in a trial that sharply questioned the district’s policies to detect and avoid...more

Commercial General Liability Insurance Covers FLSA Claims: Republic Franklin Insurance Company v. Albemarle County School Board

by Sands Anderson PC on 2/29/2012

Who pays for the defense of FLSA claims against a local government entity, and who pays for the liquidated damages and attorneys’ fees if the local government entity loses? The Fourth Circuit Court of...more

Federal Appellate Court Reversed Class Action Certification and Settlement in Case Involving Alleged Violations of Individuals...

by Franczek Radelet P.C. on 2/17/2012

In Jamie S. v. Milwaukee Public Schools, the Seventh Circuit Court of Appeals reviewed whether a federal district court should have certified a class of thousands of students who were allegedly not identified by the...more

U.S. Supreme Court Recognizes Ministerial Exception and Bars Employment Discrimination Claims by Employees Engaged in Ministerial...

by Duane Morris LLP on 1/13/2012

The U.S. Supreme Court ruled unanimously on January 11, 2012, that ministers and other employees of religious organizations who perform "ministerial" duties cannot sue their employers for employment discrimination. This...more

The Student-Teacher Bond: How Close Is Too Close?

by Fisher & Phillips LLP on 1/5/2012

A recent court ruling in Texas shines a spotlight on the student-teacher boundary issues in schools. Recent headlines involving instances of teachers having allegedly inappropriate relationships with students always take our...more

School Board Members Properly Petitioned Court to Oust Board Member from Office

by Franczek Radelet P.C. on 12/30/2011

A recent Illinois Appellate Court case reaffirms the requirements that school board members not hold conflicting positions during their service on the board, and highlights the method by which board members may be removed...more

Has MA Gone MIA? Why Parents Are Refusing To Consent To The Use Of MA Funds

by Fox Rothschild on 12/15/2011

An increasing number of parents, often on the advice of counsel, are refusing to give consent to allow school districts or intermediate units to access medical assistance funds to pay for special education services that are...more

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

by Sheppard Mullin Richter & Hampton LLP on 12/15/2011

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...

by Peter Maher on 11/30/2011

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

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Civil Remedies – May 23, 2012

Narrowed by: Education Law