Education Civil Procedure Civil Remedies

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Chartering Authority Must Make Findings Supported by Substantial Evidence Showing it Considered Increases in Academic Achievement...

In American Indian Model Schools v. Oakland Unified School District (June 23, 2014, 139652) --- Cal.App.4th ---, the California Court of Appeal recently clarified a charter school may not be revoked unless there is...more

Illinois Supreme Court to Decide If Academic Can Halt Investigation by Suing in Circuit Court

In the closing days of its May term, the Illinois Supreme Court agreed to decide whether an academic at the University of Illinois could obtain injunctive relief from the Circuit Court to halt an ongoing University...more

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

New Jersey School Districts Defending Bullying Case Can Possibly Seek Contribution from Student Accused of Bullying and Parents

In New Jersey, can school districts defending a bullying case seek contribution from the students accused of bullying and their parents? Yes, said a recent New Jersey Superior court decision in V.B. a Minor by his Parent and...more

Can You Keep a Secret? Confidentiality Clauses in Settlement Agreements Are For Real

If a party to a confidential settlement agreement blabs about the settlement, could the party lose some of the benefits of the settlement? A recent Florida appellate decision is a good reminder to think carefully about the...more

“Mind Your Own Business”- The Connecticut Supreme Court Limits Challenges to Licensing and Certification Decisions by Public...

In a much ballyhooed case, certain residents and taxpayers of the City of Bridgeport brought a “quo warranto” action in the courts, challenging the qualifications of the City’s Superintendent of Schools (Paul Vallas) to hold...more

Court of Appeal Reverses Award of Attorney Fees to School District: Newspaper Publisher’s Public Records Act Claim Was Meritless...

A superior court ordered a newspaper publisher to pay the attorney fees of a school district because it determined the publisher’s Public Records Act petition was frivolous. The court of appeal held that the publisher’s...more

7th Circuit Determines Qui Tam False Claims Act Case Against ITT Should Go Forward

This week we look at the 7th Circuit's decision in Leveski v. ITT Educational Services, Inc., in which the court reinstated a False Claims Act qui tam action against ITT and removed the imposition of $395,000 in sanctions...more

PK Law Attorneys Successfully Defend Charles County Board Against Multi-Million Dollar Wage and Hour Lawsuit

In a wage and hour class action suit that was filed in Maryland’s federal district court, bus drivers and bus assistants sued under the Fair Labor Standards Act (“FLSA”), 29 U.S. C. Section 201 et seq., for back-pay,...more

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

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

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

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

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

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

Public Entity Litigants Are Entitled to Attorney Fee Award Under Private Attorney General Doctrine Even Where Non Financial...

In City of Maywood v. Los Angeles Unified School District, 2012 DJDAR 9925 (2012), the California Court of Appeal for the Second Appellate District decided a novel attorney fee case. The case arose out of a petition for a...more

Ninth Circuit Affirms Trial Court Decision In Waldorf Methods Case

In a case litigated by KMTG attorneys, the Ninth Circuit Court of Appeals today issued an unpublished decision which upheld a judgment of the Eastern District Court in favor of Sacramento City Unified School District in the...more

How Will the Arizona Immigration Law Affect Education Law?

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

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

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

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

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

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

Information on Appeal Procedures for Unlimited Civil Cases (Appellate)

Information on Appeal Procedures for Unlimited Civil Cases (Appellate)...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

What to do when your Patient wants to sue?

This article covers: Your Liabilty risks, What to Document, Spotting patients prone to sue as well as how to make sure you chart properly and what should be charted and what should be left out....more

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