Education Law, Civil Procedure

Michigan Ban on School Employee Union Dues Deductions Legal

by Beverly Hall Burns, M. Misbah Shahid | Miller Canfield on 5/13/2013

In a split opinion Thursday, a federal appeals court cleared the path toward implementing a 2012 Michigan law barring public school employers from collecting union dues from their employees. ....more

School Districts Cannot Spend Bond Money on Projects Not Disclosed to Voters - School Bonds with 55 Percent Vote Threshold Must...

by Kelly Salt | Best Best & Krieger LLP on 5/1/2013

The Fourth District Court of Appeal recently upheld a challenge to a school district’s spending voter-approved bond proceeds for field lighting at a high school stadium because the ballot proposition did not specifically list...more

IRS Releases Final Colleges and Universities Compliance Report: Reveals Significant Underreporting

by Richard Frazier, Elizabeth Mullen | Saul Ewing LLP on 5/1/2013

A recent report of the IRS’ Exempt Organizations (EO) division provides the results of a multi-year audit of tax-exempt colleges and universities regarding their compliance with IRS reporting requirements. The report focuses...more

Ninth Circuit Enforces Student Loan Arbitration Agreement

by BuckleySandler LLP on 4/24/2013

On April 11, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that a national bank could compel arbitration of a dispute involving student loans. Kilgore v. KeyBank, Nat’l Ass’n, No. 09-16703, 2013 WL...more

Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA

by Daniel A. Schwartz | Pullman & Comley, LLC on 4/24/2013

The Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them. I’ll cover one today and leave the other for a...more

Recent Alberta Court of Queen's Bench Decision Finds that Grievance Process Communications are Privileged

by Mick Wall | Field Law on 4/17/2013

A grievance process is designed to promptly resolve workplace disputes by encouraging a frank and open dialogue between the parties. Accordingly, Arbitrators have long held that communications exchanged in the grievance...more

Public Records Law

by Mark Herron | Messer & Caparello, P.A. on 4/16/2013

Granting a motion for rehearing, the First District reconsidered its prior opinion concerning what constitutes a "student record" under the Family Educational Rights & Privacy Act (FERPA), Title 20 U.S.C. s. 1232g, and the...more

School Board Liability for Sexual Abuse of Students by Staff - An Area to be Watched

by Elizabeth K.P. Grace | Lerners LLP on 4/12/2013

In the last year, there have been two Ontario trial decisions dealing with sexual abuse of students by teachers. While we are still awaiting the full decision in the second case, it appears these cases may have yielded...more

Elmbrook School District v. Doe: Will the U.S. Supreme Court Rule on the Constitutionality of Holding Public High School...

by Foley & Lardner LLP on 4/12/2013

During its conference this Friday, April 12, the U.S. Supreme Court is expected to consider Elmbrook School District’s petition for a writ of certiorari seeking reversal of a decision issued last summer by the United States...more

Sixth Circuit Stands by School System's Promotion Decisions

by Todd Photopulos | Butler, Snow, O'Mara, Stevens and Cannada,... on 4/11/2013

Both public and private employers should take note of a recent decision by the Sixth Circuit Court of Appeals that rejected a disgruntled employee’s contention that she was denied promotion because of a “perceived...more

UPDATE: Court Of Appeal Changes Its Mind On The Issue Of Whether A City Misdescribed A Project’s Objectives

by Jeffrey L. Massey, Eric Robinson, Leslie Z. Walker | Kronick, Moskovitz, Tiedemann & Girard on 4/1/2013

On November 27, 2012, a court of appeal ordered a city to correct the defects in a project description and alternatives discussion in a final environmental impact report (“EIR”) because the court concluded the city had...more

Temporary Teacher May Seek Damages For School District's Failure To Provide Her "First Priority" When Filling A Subsequent Vacancy

by Diana Halpenny, Marie Nakamura, Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 3/29/2013

In Henderson v. Newport-Mesa Unified School District (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., March 13, 2013), a California court of appeal considered whether a temporary teacher employed for more than two years by a school...more

PERB Ruling Affirms Teacher on 39-Month Reemployment List Remains an Employee of the District and Able to File Grievance

by Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 3/28/2013

In Nelson v. Jurupa Unified School District (PERB Decision 2309E, March 8, 2013), the Public Employment Relations Board ("PERB") considered whether a school district committed an unfair labor practice by rejecting a...more

Teacher On 39-Month Reemployment List Remains A District Employee With The Right To File A Grievance

by Diana Halpenny, Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 3/28/2013

In Nelson v. Jurupa Unified School District (PERB Decision 2309E, March 8, 2013), the Public Employment Relations Board ("PERB") considered whether a school district committed an unfair labor practice by rejecting a teacher’s...more

Service of Subpoenas on Syracuse University Seeking Evidence of Sexual Molestation is a “Claim” Giving Rise to Covered Defense...

by Richard Mason | Cozen O'Connor on 3/21/2013

In Syracuse University v. National Union Fire Insurance of Pittsburgh, PA, No. 2012EF 63 (Sup. Ct., Onondaga County, January 29, 2013), the New York Supreme Court, County of Onondaga, held that an insured’s costs incurred in...more

Novel Approach To Opposing Class Certification Rejected

by Richard Hagstrom, Shawn Stuckey | Zelle Hofmann Voelbel & Mason LLP on 3/8/2013

Originally published in Competition Law360 on March 7, 2013. Current and former student-athletes are one step closer to forcing the National Collegiate Athletic Association and its member institutions to share their...more

Weekly Brief: 78% of Law Schools Ignore ABA Rule [Video]

by Bloomberg Law on 3/7/2013

March 7 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the legal news for the week. New testimony at the BP oil spill trial in New Orleans focuses on a key safety test taken shortly before the accident. Also,...more

Arbitrator’s Decision Reinstating Paraprofessional Accorded Significant Deference By Illinois Supreme Court

by Kendra Berner | Franczek Radelet P.C. on 3/6/2013

In Griggsville-Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board, the Illinois Supreme Court recently reaffirmed the significant deference given to arbitration awards arising out of...more

Nowadays a Practicing Lawyer’s First Serious Exposure to Critical Unjust Enrichment Doctrine is Likely to be After Law School, Too...

by Charles E. Rounds, Jr. on 3/1/2013

This modified excerpt from Loring and Rounds: A Trustee’s Handbook (2013) is a primer on the wrong of Unjust Enrichment and its principal remedy, Restitution. Unjust enrichment doctrine is very much alive and well in the real...more

Your Deposition is Being Taken: Nine What to Know’s and What to Do’s

by Andrew Rader on 2/22/2013

Your deposition is an important part of your case. I have listed what to expect during a deposition and some things you should and should not do....more

Universities Urge Supreme Court to Affirm in Bowman v. Monsanto

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 2/19/2013

A group of universities, entities affiliated with universities, higher education associations, and entities involved in university technology management, in an amici brief filed in Bowman v. Monsanto, argue that reversal of...more

School District Granted Substantial Attorneys’ Fees Award For Its Defense Of Frivolous Lawsuit Brought By A Student’s Parent

by S. Diane Beall, Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 2/14/2013

A federal district court found in favor of a school district in a lawsuit filed by a student’s parent under the Individuals with Disabilities Act (“IDEA”) to appeal a decision of an Administrative Law Judge (“ALJ”). The...more

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Education Law › Civil Procedure

Michigan Ban on School Employee Union Dues Deductions Legal

School Districts Cannot Spend Bond Money on Projects Not Disclosed to Voters - School Bonds with 55 Percent Vote Threshold Must...

IRS Releases Final Colleges and Universities Compliance Report: Reveals Significant Underreporting

Ninth Circuit Enforces Student Loan Arbitration Agreement

Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA

Recent Alberta Court of Queen's Bench Decision Finds that Grievance Process Communications are Privileged

Public Records Law

School Board Liability for Sexual Abuse of Students by Staff - An Area to be Watched

Elmbrook School District v. Doe: Will the U.S. Supreme Court Rule on the Constitutionality of Holding Public High School...

Sixth Circuit Stands by School System's Promotion Decisions

UPDATE: Court Of Appeal Changes Its Mind On The Issue Of Whether A City Misdescribed A Project’s Objectives

Temporary Teacher May Seek Damages For School District's Failure To Provide Her "First Priority" When Filling A Subsequent Vacancy

PERB Ruling Affirms Teacher on 39-Month Reemployment List Remains an Employee of the District and Able to File Grievance

Teacher On 39-Month Reemployment List Remains A District Employee With The Right To File A Grievance

Service of Subpoenas on Syracuse University Seeking Evidence of Sexual Molestation is a “Claim” Giving Rise to Covered Defense...

Novel Approach To Opposing Class Certification Rejected

Weekly Brief: 78% of Law Schools Ignore ABA Rule [Video]

Arbitrator’s Decision Reinstating Paraprofessional Accorded Significant Deference By Illinois Supreme Court

Nowadays a Practicing Lawyer’s First Serious Exposure to Critical Unjust Enrichment Doctrine is Likely to be After Law School, Too...

Your Deposition is Being Taken: Nine What to Know’s and What to Do’s

Universities Urge Supreme Court to Affirm in Bowman v. Monsanto

School District Granted Substantial Attorneys’ Fees Award For Its Defense Of Frivolous Lawsuit Brought By A Student’s Parent

Baby I Got Your Money…

Court Of Appeal Okays School District’s Use Of Norming Ratios To Assign Classroom Space To Charter Schools

Illinois Appellate Court Finds Schools Not Liable For Student Injury And Deaths In Two Separate Lawsuits

Weekly Brief: 78% of Law Schools Ignore ABA Rule [Video]

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