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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

Texas Supreme Court oral-argument preview (10/14)

The Texas Supreme Court will hear two oral arguments at the Texas Tech School of Law on 10/9/14: No. 13-0136, Nabors Well Servs. Ltd. v. Romero -- The issue is whether evidence of seatbelt nonusage is inadmissible,...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

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

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

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

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

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

Shifting Your Legal Fees to Your Opponent: Florida’s Tricky and Prickly Proposals for Settlement

The Proposal works like this: You serve your opponent with an offer to settle the case for a specific amount. Then you wait 30 days. If your opponent doesn’t accept the offer within 30 days, it is deemed rejected. ...more

Another Lawsuit Alleging Misleading Law School Job Statistics Dismissed

The lawsuit alleging that the DePaul University College of Law in Chicago misled prospective students by disseminating incomplete and misleading job placement data was dismissed this week in its entirety. ...more

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