Education Personal Injury

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Can a Football Helmet Manufacturer Be Responsible for High School Football Player’s Tragic Death?

A Chicago mother who tragically lost her son following a football-related injury recently filed suit against the city school board and the helmet manufacturer, alleging both parties failed to take reasonable steps to ensure...more

Rolling Stone Rolls With Early Favorable Rulings

Rolling Stone is not the first media outlet to defend itself in a multi-million dollar trial this year. Gawker Media was recently hit with a $140 million judgment resulting from a suit by Terry Bollea (a.k.a. Hulk Hogan) for...more

Avoid Uber-Liability By Restricting Ridesharing Services On Campus

It’s 4:30 p.m., school soccer practice has just ended, and 11-year old Cynthia calls her mom to pick her up at school. Her mom tells Cynthia that she is busy at work but has requested an Uber to pick her up. Just as she gets...more

High Court of Australia unanimously decides against extension of time

High Court of Australia unanimously decides against granting time extension to an abuse victim in a case of extraordinary delay. In Prince Alfred College Inc v ADC [2016] HCA 37, the High Court of Australia has...more

NCAA Faces New Class-Action Concussion-Related Lawsuits

The National Collegiate Athletic Association (“NCAA”) was hit with seven new concussion-related class action lawsuits on August 31, 2016. The new lawsuits increase the total number of lawsuits filed since May 2016 to 22...more

Sexual Abuse at St. George's School and the School's Reponse: 1970 to 2015

In January 2016, I was asked to conduct an investigation concerning sexual abuse at St. George’s School, and the school’s response to reports of abuse, from 1960 to the present. At the time, St. George’s faced a firestorm of...more

Half-Baked: Phillips Exeter, Sexual Assault, And A Recipe For Disaster

Considered one of the country’s most elite prep schools, Phillips Exeter Academy has recently joined the queue of prestigious private schools who have been accused of having ignored, suppressed, or minimized claims of sexual...more

Federal Judge Dismisses Defamation Suit Against Rolling Stone After Discredited University of Virginia Profile

A New York federal judge recently granted a motion to dismiss a defamation lawsuit against Rolling Stone magazine, its publisher Wenner Media, and journalist Sabrina Rubin Erdely. Three former University of Virginia (“UVA”)...more

Defence & Indemnity - February 2016: III. Quantum/Damage Issues: Every day and reasonably safe playground activities will not...

Thompson (Litigation guardian of) v. Saanich (District), 2015 BCSC 1750, per Baird J. - I. FACTS AND ISSUES - The Plaintiff was an 11 year old girl enrolled at a day camp offered by the Defendant, the Corporation of...more

Students Have One Year After Reaching the Age of Eighteen to File Personal Injury Lawsuit Against School

The Illinois Appellate Court (Second District) recently determined that a student who was injured while at school as a minor could not pursue a personal injury lawsuit against the school district because she did not file the...more

NCAA Settlement Could Promote Concussion Prevention and Treatment, but Leaves Member Institutions on the Hook for Future Lawsuits

On January 26, U.S. District Judge John Lee of the United States District Court for the Northern District of Illinois granted preliminary approval of a new settlement of consolidated class action litigation involving the NCAA...more

Lawsuit leads to another head’s up about sports, concussion risks for kids

Americans may be thick-headed about many things. But slowly, it seems, our collective consciousness is rising about the risks our favorite pastimes pose to our health. A spate of indicators suggest that, finally, even...more

Hypnotic Suggestion: North Port High School and the Complicity of Indifference

Concluding what must be one of the oddest public school disputes in recent memory, the Sarasota County Board of Education in Florida has agreed to resolve a lawsuit brought by three sets of parents, each of whom claimed that...more

Ninth Circuit Holds That NCAA’s Amateurism Rules Violate Section 1 of the Sherman Act

In a decision handed down on September 30th, the Ninth Circuit affirmed in part and reversed in part the District Court’s ruling that the NCAA’s “amateurism” rules unlawfully restrained trade in the market for certain...more

The Second Appellate District Finds UCLA Not Liable For Third Party Criminal Acts of a Student With a Known Mental Illness

The Regents of the University of California, et al. v. Superior Court of Los Angeles County Katherine Rosen, Real Party in Interest - Court of Appeal, Second Appellate District(October 7, 2015) - The issue in this...more

Hidden Risks? What Liability Can Private Colleges and Universities Have for Their Student Newspapers and Publications?

It is well-settled that public institutions are generally not liable for statements made by their student publications because the First Amendment prohibits them from exercising control over such publications. See, e.g.,...more

Federal Court of Appeal Expands Scope of Privacy Class Action

The Federal Court of Appeal recently allowed an appeal expanding the scope of a certified privacy class action relating to the loss of personal data of Canada Student Loans recipients. The case, Condon v. Canada (Condon), had...more

Plaintiff Seeks to Use Anti-Discrimination Law to Stop Fracking

On July 14, a complaint was filed in Sacramento County Superior Court against Governor Brown and the Division of Oil, Gas & Geothermal Resources (“DOGGR”) Supervisor Steve Bohlen.  The lawsuit claims Governor Brown and...more

Playing It Safer: Managing Concussion-Litigation Risk In K-12 Athletics

Following a week-long trial in May, an Iowa jury concluded that Bedford High School was negligent in the way it handled a head injury to former high school freshman football player Kacey Strough. The jury awarded Kacey $1...more

Penn State Accused of Ignoring Fraternity Sexual Assault Claims

Earlier this week, a former Penn State student, James Vivenzio, filed a lawsuit accusing the institution of ignoring his complaints about sexual assault, hazing and drug use in violation of Title IX of the Education...more

Accused Student Sues Columbia University Over Mattress Case

It looks like the “mattress case” will not be going to bed anytime soon. On Thursday, April 23, 2015, Paul Nungesser, the accused student at the center of the internationally renowned “mattress case” (“Nungesser”)...more

Duty to Prevent Harm and Duty to Disclose are Both Part of General Duty to Exercise Reasonable Care

In Doe v. Superior Court (filed 5/29/15, No. H040674), the California Court of Appeal, Sixth Appellate District, held that a defendant’s reasonable duty of care to prevent harm to a minor and her parents encompassed the duty...more

Florida High Court Overturns Summary Judgment for Defendant School Board, Deciding it Owed Common Law Duty to Student Athlete

On April 2, 2015, the Florida Supreme Court quashed the Second District Court of Appeal’s decision in Limones v. School District of Lee County, 111 So. 3d 901 (Fla. 2d DCA 2013), and held that the school district owed a...more

Head Injuries: Protecting Players in Youth Sports

A recent study by the Datalys Center for Sports Injury Research and Prevention revealed this: Coaches who underwent training by USA Football's Heads-Up Football program are better equipped to prevent player injuries....more

White House Task Force on Sexual Assault Advises Colleges on Working with Law Enforcement

In its April 2014 report, the White House Task Force to Protect Students From Sexual Assault promised to release a sample Memorandum of Understanding to provide guidance to institutions of higher education that wish to...more

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