Education Personal Injury

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NCAA Settles Concussion Class Action Lawsuit

On July 29, 2014, the NCAA and representatives of college athletes announced an agreement to settle a concussion class action lawsuit that came on the heels of a similar lawsuit against the NFL. The settlement will need to...more

When The Teacher Is The School Bully

Anti-bullying laws may now have a significant impact on what is considered to be “emotional abuse” in schools. Recently, the Connecticut Supreme Court concluded that a teacher’s bullying behavior toward a student met the...more

The Lack of Concussion-Specific Helmet Safety Standards Remains a Concern for School Districts and Student-Athletes

With the national spotlight increasingly focused on concussion management, protocols, and prevention, it is somewhat surprising that helmet safety has not comprised a larger role in the discussion....more

Social Media Freedom of Expression Cases Pit the Public Against Public Officials

In perhaps the next battleground for government and education, citizens who comment on social media sites are facing off with local government officials public and school administrators who find their online expression...more

Back-to-School Signals a Review of Your Concussion Management Protocols

As another school year approaches, student-athletes and coaches will soon be involved with pre-season practices to prepare for sports contests. Emphasizing student-athlete safety has never been greater, particularly with...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

Bullying: Slowly But Surely, the Law Recognizes an Age-Old Problem

How far is too far when it comes to protecting your child from an alleged school bully? A mother in Santa Rosa, California may very well have pushed the limits of good parenting in attempts to protect her daughter earlier...more

Who pays when the authorities come calling? Syracuse Univ. v. National Union Fire Ins. Co. of Pittsburgh, P.A.

With the seemingly endless stream of federal and state investigations implicating institutions of higher education, a recent New York decision offers a glimmer of hope to those schools that find themselves in the cross-hairs....more

Uptick in Hazing-Related Incidents Provides Sobering Reminder of Potential Claims Against Colleges and Universities

Across the United States there has been a recent surge of injuries — and deaths — resulting from hazing and initiation rites led by student organizations. These tragic events have produced lawsuits and investigations into...more

Doe v. Wolcott: Child Abuse Mandated Reporters and School District Liability

Connecticut General Statute Section 17a-101a sets forth 1) the obligation of certain school employees to report to the Department of Children and Families whenever they have reasonable suspicion of child abuse or neglect. and...more

Illinois Court of Appeals Reiterates Immunity For Statements in Public Meetings

The Second District Appellate Court recently highlighted the strong protection Illinois law provides for statements by executive officers and members of local government boards and councils, including school boards, during...more

School District’s Potential Liability for Bullying Not Limited to Its Own Students

In a case of first impression in New York, a state court has ruled that a school district can face potential liability under the state’s anti-bullying laws, even where the bullying victim is not one of its own...more

School Districts: New York Supreme Court Holds That Public School District May Be Liable For Alleged Bullying Of Private School...

On May 14, 2014, in J.G.S. v. Bellmore-Merrick Central High School District, the New York State Supreme Court in Nassau County held that the parents of a minor student could proceed with their lawsuit against the school...more

Court of Appeals Holds Duty for Student Transportation Is Careful and Prudent

Last year, the Fourth Department held a district responsible for a student’s injuries before she boarded a school bus. This was a marked departure from previous case decisions, where the general rule had been that a district...more

Wager v. Moore: When May A College Have A Duty To Protect The Safety Of Its Students?

Generally speaking, from a legal standpoint, the courts have held that colleges and universities do not have a duty to safeguard the safety of their students. However, in Wager v. Moore, 2013 WL 6989512 (Conn. Super. Dec....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

Appellate Court Finds District Not Liable For Junior High School Student’s Death After Violent “Body Shots” Game

In Brooks v. McLean County District Unit No. 5, the Illinois appellate court found that a public school district was immune from liability for a junior high school student’s death after the student participated in a “body...more

Illinois Appellate Court: School District Not Immune From Liability For Student Fall In “Cafetorium”

The Illinois Appellate Court recently determined that the fact that a school’s “Cafetorium” was used for parties and ceremonies for sports teams and school band, chorus, and drama program performances did not make the...more

Illinois Appeals Court Finds School District Immune From Bullying Lawsuit

The Second District Illinois Court of Appeals recently issued an opinion in a case involving a school district’s alleged response to student-on-student bullying. The court in Malinski v. Grayslake Community High School...more

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

Do Referees Face Liability for Their Decisions in Sports Contests?

The doctrine of assumption of risk is a familiar one in the sports-torts arena. The general rule is that an athlete assumes the normal, commonly appreciated risks associated with playing his or her particular sport. It cannot...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

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