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Not My Brother’s Keeper: Varley v. Regional School District No. 4 and A School District’s Responsibility For “Free Speech” Claims...

When entering into contacts with vendors, school districts hope that 1) the vendor will comply with the law, and 2) in any event, the vendor will be responsible for its own employment-related disputes. In Varley v. Regional...more

Federal Judge Dismisses Claim against University; Failure to Appropriately Monitor Docket Not Excusable Neglect

A federal trial court in D.C. recently dismissed the Amended Complaint of a former professor at the University of the District of Columbia ("UDC" or "University") due to his failure to timely oppose a Motion to Dismiss,...more

Community Colleges Not Subject to UTPCPL

It only stands to reason, yet it took almost 12 years and repeated appeals for the final determination by the Pennsylvania Supreme Court in Meyer v. Community College of Beaver County, No. 22 WAP 2012, 2014 Pa. LEXIS 1524...more

Privileged Communications With Outside Consultants

Penn State University recently decided to waive attorney-client privilege and cooperate in the criminal prosecutions of certain former employees. Obviously, the former employees have attempted to assert privilege to exclude...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

The Regents of the University of California v. Computer Methods International Corp. et al.

The Regents of the University of California v. Computer Methods International Corp. et al., Case No. CGC-13-531850 (San Francisco Superior Court): The San Francisco Superior Court recently sustained the demurrer of defendants...more

Loose Lips Sink Former Employee’s Ship

Confidentiality clauses are a standard provision in most agreements settling an employment dispute. Last week, a former preparatory school administrator learned the hard way that these provisions matter to employers and that...more

Ninth Circuit Enforces Student Loan Arbitration Agreement

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

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

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

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

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

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...

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

Ontario Court Makes Rare Decision in Common Issues Class Action Trial

The Ontario Superior Court of Justice recently released its decision in the common issues class action trial of Ramdath v. George Brown College, 2012 ONSC 6173. This is one of the very few rulings on the merits of a class...more

Second Circuit Applies “Least Sophisticated Consumer” Test In Student Loan Debt Collection Case

On August 30, the U.S. Court of Appeals for the Second Circuit held that a debt collector’s representation to a debtor that her student loans were “ineligible” for bankruptcy discharge is a “false, misleading, or deceptive”...more

Court Strikes Most of ‘Gainful Employment’ Rule, But For-Profit Colleges Must Still Beware

For-profit education institutions may have breathed a sigh of relief on June 30, 2012, when a federal judge struck down most of the Department of Education’s Gainful Employment rule. The decision came none too soon, as the...more

Beware The Sounds of Silence

In a time of budget cuts -- including cuts directed against public employees -- Griggsville Perry Community Unit School District v. Illinois Educational Labor Relations Board may wind up offering important guidance to the...more

Payment Matters: CMS's Non-Hospital Training Rules Again Upheld

In the recently decided case University Med. Ctr., Inc. v. Sebelius [PDF], the U.S. District Court for the District of Columbia upheld CMS policies regarding nonhospital training agreements as those policies were applied in...more

Public Entities Can Contractually Waive Their Right to Invoke the Doctrine of Nullum Tempus in Pennsylvania

The Pennsylvania Commonwealth Court, however, in a case of first impression, recently held that the nullum tempus doctrine can be waived by a governmental entity, if that governmental entity agrees to contract language that...more

ELECTRONICALLY GENERATED EVIDENCE UNDER THE NIGERIAN EVIDENCE ACT: ADMISSIBLE OR INADMISSIBLE

Since computers and other electronic storage devices took over business in Nigeria there have been this argument that electronically generated evidence is not admissible under Nigerian law. The purpose of this document is to...more

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