Personal Injury Civil Procedure Education

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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

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

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

School District Advisory: The Pure and Simple Truth - The Truth is Rarely Plain and Never Simple

In the recent case of J.P. v. Carlsbad Unified School District, the California Court of Appeal barred a public entity from enforcing the six-month government tort claim requirement when it prevents the claimant from filing a...more

Justice Department Settlement Casts Doubt on Mandatory Medical Leave - Universities Should Be Well Trained in ADA Compliance and...

On Jan. 12, 2015, the U.S. Department of Justice announced a settlement with Quinnipiac University, a private institution located in Connecticut, to resolve allegations that the university violated the Americans with...more

The Ends Justify The Means: Ha v. Northwestern University and Responding to Sexual Harassment Under Title IX

The recent decision in Ha v. Northwestern University, reiterates the leeway educational institutions have under Title IX when crafting a response to claims of sexual harassment. The plaintiff in Ha alleged that in February...more

Student Injury Case: Did the Governmental Immunity Defense Just Get Weaker?

Predictable horseplay and a metal locker with an exposed, jagged and rusty edge may be enough evidence for a jury to conclude that school officials had a “clear and unequivocal duty to act immediately to prevent harm” to...more

NCAA Appeals Ruling on Compensation for Student-Athletes

On November 14, 2014, the National Collegiate Athletic Association (NCAA) submitted its initial brief to the Ninth Circuit Court of Appeals challenging the Northern District of California’s August decision that the NCAA’s...more

Teacher And School Civil Liability For Sexual Abuse Of A Student

B. (A.) v. D. (C.), [2011] B.C.J. No. 1087, 2011 BCSC 775, per Gray J. [3851] The plaintiff AB sued a teacher CD and the Board of School Trustees of District EF with respect to alleged sexual abuse she claimed to have...more

Florida High Court to Decide Duties Owed by Public School Regarding Automated External Defibrillator

On October 6, 2014, the Florida Supreme Court heard oral argument in a case involving whether a public school owes a duty to maintain, make available, and use an automated external defibrillator (AED) on a student athlete who...more

Appellate Court Notes

SC19191 - Dorry v. Garden - The Supreme Court held that the accidental failure of suit statute saves a complaint that is not properly served within the original statute of limitations period, no matter how defective...more

Discipline as Defamation: Title IX, Disciplinary Panels, and The Risks of Righteousness in The Wake of Wells V. Xavier and Harris...

LR-college-campus_med_rgbTwo recent court rulings illustrate some of the perils facing university administrators when handling internal disciplinary complaints against students who have been alleged to have committed...more

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

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

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