Education Personal Injury

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Potential Institutional Liability to the Accused in Sexual Assault Cases

Recent articles and postings not only highlight the continuing focus on sexual assault cases on college campuses by the victims of those assaults, but also on the threat of litigation by those accused of the assaults. In the...more

Divisional Court Applies Supreme Court’s Guidance on Preferability and Certifies Claim Against Religious Boarding School

In Cavanaugh v. Grenville Christian College (“Cavanaugh”), a group of former students from an Anglican boarding school have alleged that they were subjected to systemic physical and psychological abuse to promote and...more

Natural Accumulation Doctrine Takes A Hit

Winter may almost be over, but a recent Illinois Appellate Court case makes clear that school districts should remain vigilant in preventing and warning against slippery floors. In February, an Illinois Appellate Court...more

The Integrated and Coordinated Approach to Title IX Compliance [Video]

Colleges and universities are tasked with responding to sexual harassment and assault in a manner that is compliant with federal guidance and authority; attuned to the welfare of students and employees; and consistent with...more

You Still Have To Follow The Rules If You Want An Advanced Degree!

A former Ph.D. student sued the University of Michigan and several faculty members after the university removed him from the Ph.D. program. Joseph Dean Vigil failed to complete his dissertation and Ph.D. requirements within...more

Seventh Circuit Dismisses Lawsuit Against Guidance Counselor For Defamation

The Seventh Circuit Court of Appeals, which is the highest federal court with jurisdiction over Illinois, Indiana, and Wisconsin, recently rejected a claim by a parent that a school guidance counselor’s statement to his...more

Court Finds Board Of Education And District Employees Immune From Liability For Claims Related To District’s Response To Bullying

The Illinois Appellate Court recently held that a superintendent, principal, and board of education were immune from liability for a parent’s claims regarding the alleged bullying of her daughter. In Hascall v. Williams,...more

Professor’s Public Criticism of University Department “Direction and Focus” Was a Protected Matter of Public Concern

A university professor’s “broad proposals to change the direction and focus” of the university’s School of Communications were matters of public concern protected by the First Amendment. Despite the professor’s public...more

Maryland Basketball Player Dez Wells Files Lawsuit Against Xavier

Maryland Basketball Player Dez Wells Files Lawsuit Against Xavier by Anthony Caruso on August 26, 2013 A new lawsuit against NCAA school Xavier University by a former basketball player may challenge universities' legal...more

Best Practices: Institutional Response to Sexual Misconduct (Podcast) [Video]

What are the best practices for initiating a response to sexual misconduct? Highlights of a conversation by Pepper Hamilton partners Gina Maisto Smith and Leslie Gomez who both have extensive experience in the Philadelphia...more

Guns On Campus: Navigating The Legal Maze

For seven days in March 2012, a jury pored through a moment-by-moment timeline of the events that took place at Virginia Tech University on April 16, 2007. Before a mentally unstable student went on a rampage that eventually...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

Education Update, No. 2 - April 2013: Keeping Your Students Safe From Child Abductions

A loud, beeping Amber Alert and accompanying visual banner filled the homes and screens of area television viewers on the evening of January 14, 2013, announcing the abduction of a five-year-old student from a Philadelphia...more

Webinar: Investigating and Resolving Sexual Assaults on Campus  [Video]

Angelo Stio and Gina Maisto Smith discuss what was covered during the webinar and give a look at what to expect for future webinars on this topic. Every day, colleges and universities throughout the country, face the...more

Investigating and Resolving Sexual Assaults on Campus

Every day, colleges and universities throughout the country, face the challenge of promoting personal responsibility while striving to make their campuses as safe as possible. Efforts to make campuses as safe as possible...more

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

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

Three Point Shot - January 2013

In This Issue: - Take Me Out To the Ball Game, But Keep Me Away From the Flying Hotdogs - Full Court Press Gets Young Women the Right to Play AND Be Cheered - Will Dorsett be able to “Heisman” SER Media?...more

Why Would I Sue the Government?

Certain situations exist where you can file some kind of legal action against the government, either administrative or a lawsuit. Examples are special education due process hearings and Section 1983 claims for violation of...more

Mississippi Court Holds No Coverage for Voyeurism Claim Under E&O Policy

In its recent decision in Tudor Ins. Co. v. Manchester Educ. Found., Inc., 2013 U.S. Dist. LEXIS 8458 (S.D. Miss. Jan. 22, 2013), the United States District Court for the Southern District of Mississippi had occasion to...more

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

Last fall, the Illinois Appellate Court issued opinions on two different cases involving the tort immunity of school districts. In both cases, the court declined to find the schools liable....more

School District’s Actions To Stop Bullying Not Enough To Avoid $1 Million Damages In Student-On-Student Harassment Case

In Zeno v. Pine Plains Central School District, the school district lost its challenge to a $1 million damage award for student-on-student harassment. Former student Anthony Zeno prevailed at trial against his school district...more

Suing For Wrongful Death Or Injury Following A College Hazing

The parents of Robert Champion from Decatur have been offered $300,000 by Florida A&M University to settle a wrongful death lawsuit related to the hazing of their son. The incident occurred in November of 2011 when students...more

Amendments to Liquor Control Act Create Safe Harbor For College And University Employees And Students Who Request Police...

On January 1, 2013, certain amendments to Section 6-16 of the Illinois Liquor Control Act of 1934 (the “Act”) will take effect. These amendments may impact the way that institutions of higher education address underage...more

I Won My Lawsuit - Am I Going To Be Taxed On My Settlement?

Guest Blogger and Tax Expert Stephen D. Kraft, CPA Explains The IRS Tax Issues of Personal Injury Settlements...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

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