News & Analysis as of

Educational Institutions Motion to Dismiss

Constangy, Brooks, Smith & Prophete, LLP

Diversity has no boundaries: The short-lived discrimination lawsuit against NYU Law Review

Diversity efforts are not synonymous with discrimination. A first-year law student at New York University, identified as Plaintiff John Doe, sued the institution in October 2023, challenging the selection process for...more

DarrowEverett LLP

Florida State and Clemson vs. the ACC: Is There a Way Out for Both?

DarrowEverett LLP on

Both the Florida and North Carolina courts have now dipped their toes into Florida State University’s (“FSU”) dispute with the Atlantic Coast Conference (“ACC”) over the high exit price the school must pay to leave the...more

Troutman Pepper

Fourth Circuit: Institution's Tax-Exempt Status Does Not Trigger the Applicability of Title IX's Requirements

Troutman Pepper on

On March 27, the Fourth Circuit Court of Appeals concluded that an independent high school’s Section 501(c)(3) tax-exempt status does not constitute “receiving Federal financial assistance,” for purposes of subjecting an...more

TNG Consulting

Doe v. University of Denver

TNG Consulting on

(2022COA57 – No. 20CA1545) - A state appeals court ruled that the University of Denver’s Office of Equal Opportunity Procedures were sufficiently certain for courts to enforce them under Colorado contract law. Doe, a...more

Bilzin Sumberg

Breach of Contract Claim Will Proceed in Tuition Refund Case

Bilzin Sumberg on

In previous posts, we reported on several of the many lawsuits across the country in which students have sued their colleges and universities for tuition reimbursement as a result of not receiving certain services during (in...more

Pullman & Comley - School Law

Court Upholds Law Ending the Religious Exemption to Immunizations for Students in Connecticut Schools

Connecticut law has required public and private schools to condition a student’s entry into school upon providing proof of immunizations against certain communicable diseases (including but not limited to diphtheria,...more

White and Williams LLP

Recent Court Decisions Involving Lawsuits from University Students

The Fall 2021 semester will be here before we know it, and many colleges and universities anticipate welcoming most of their students back to campus following an unprecedented and unexpected turn of events in the past year....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Does the Pennsylvania Human Relations Act Require Accommodation of Medical Marijuana Use? Not (For Now)

In Harrisburg Area Community College v. Pennsylvania Human Relations Commission, No. 654 C.D. 2019, (October 29, 2020), the Commonwealth Court of Pennsylvania recently examined the interaction between Pennsylvania’s Medical...more

Seyfarth Shaw LLP

Universities Prevail On Technicality In First Ruling Testing Viability Of COVID-19 Room And Board Refund Class Actions

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the first ruling in response to the slew of room and board refund class actions filed in the wake of COVID-19, on July 29, 2020, in Rosenkrantz v. Arizona Board of Regents, No. 2:20-CV-01203 (D. Ariz.),...more

Troutman Pepper

A Discussion on the Kollaritsch v. Michigan State University Board of Trustees Decision

Troutman Pepper on

On December 12, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kollaritsch v. Michigan State University Board of Trustees, holding that, in order to be liable for deliberate indifference under Title...more

Fisher Phillips

Tennis Coach Wins First Set In Gender Bias Match Against University

Fisher Phillips on

It goes without saying that federally funded educational institutions cannot discriminate on the basis of gender. Some federal courts believe Title IX is the proper statute upon which to base employment discrimination claims,...more

Seyfarth Shaw LLP

VII Before IX: Continuing Saga in Harassment Claim Preemption

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision by the U.S. District Court for the Eastern District of Texas, part of the Fifth Circuit Court of Appeals, reaffirmed a growing circuit split regarding whether Title VII of the Civil Rights...more

Tucker Arensberg, P.C.

Federal Court Allows Title IX Claim to Proceed Based Upon Allegations That Student Harassed By Peers for Failure to Conform to...

Tucker Arensberg, P.C. on

Russell Bittendender, et ux. v. Bangor Area School District, Case No. 15-6465 (E.D. Pa. 2017). The United States District Court for the Eastern District of Pennsylvania refused to dismiss a complaint alleging that a school...more

Carlton Fields

Applying Kentucky Law, Sixth Circuit Finds Continued Employment Constitutes Assent To Arbitration Agreement

Carlton Fields on

During the time Plaintiffs Aldrich and Nolan worked as recruiters for the University of Phoenix, they allegedly signed an electronic form acknowledging their understanding of updated terms to the employee handbook. The...more

Franczek P.C.

Illinois Appellate Court Decisions Addresses Important Student Discipline and Employment Issues for Public Schools

Franczek P.C. on

Earlier this month, the Illinois Appellate Court (First District) issued an opinion addressing a number of important student discipline and executive employment issues. Because the Appellate Court agreed with the trial court...more

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