News & Analysis as of

Students Duty of Care

Jackson Lewis P.C.

The Year Ahead: Litigation Hot Spots at a Glance

Jackson Lewis P.C. on

With COVID-19 giving rise to a whole host of new claims ranging from issues surrounding remote work to tuition reimbursement as well as new developments in the area of sexual orientation and gender identity, employers need a...more

Bowditch & Dewey

Massachusetts Colleges and Universities Owe A Duty of Care To Students Who Are Voluntarily Intoxicated on Campus

Bowditch & Dewey on

Generally, under Massachusetts law, one does not owe others a duty to take action to rescue or protect them from conditions that one has not created. However, there is an important exception to this rule that affects all...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented Litigation Insights, Issue 26, October 2020

This 26th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning to now-familiar topics involving liability protection for businesses, wrongful death lawsuits (particularly those...more

Conn Kavanaugh

Colleges and Universities May Be Liable to Intoxicated Students for Failing to Take Reasonable Steps to Protect Them From Harm

Conn Kavanaugh on

The Massachusetts Supreme Judicial Court (“SJC”) has created an actionable duty of care of colleges and universities to helplessly intoxicated students. On July 27, 2020, the court held that, where a college or university has...more

Haight Brown & Bonesteel LLP

University Held to Reasonableness Standard Regarding Violent Conduct

In Regents of University of California v. Superior Court (Rosen) (2d App.Dist., B259424, filed 12/3/18), the Second Appellate District held on remand from the California Supreme Court that the ordinary reasonable person...more

Mintz

Massachusetts SJC Recognizes Limited Affirmative Duty of Universities to Take Suicide Prevention Measures for Known-Risk Students

Mintz on

On Monday, the Massachusetts Supreme Judicial Court issued a precedential decision in Nguyen v. Massachusetts Institute of Technology et al. (SJC-12329), which addresses the complicated issue of higher education institutions’...more

White and Williams LLP

Massachusetts Supreme Judicial Court Rules Universities May Have Limited Liability When a Student Commits Suicide

White and Williams LLP on

In a closely watched case, the Massachusetts Supreme Judicial Court ruled on May 7, 2018 that, in certain limited circumstances universities, may be liable for failing to prevent a student’s suicide. The court nevertheless...more

Pullman & Comley - School Law

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

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