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News & Analysis as of May 18, 2013

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

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

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

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

by BuckleySandler LLP on 9/6/2012

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

by Jeff Ifrah on 7/31/2012

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

Big Week for Minnesota Governor Mark Dayton

by Winthrop & Weinstine, P.A. on 2/15/2011

On Thursday, the Senate passed HF 130, authored by Senator Claire Robling (R-Jordan), as amended by conference committee, in a 37 – 28 vote. This is the Phase One budget bill which was passed earlier by the House. The bill...more