Episode 6: Tom Rutledge Takes on LLC Member Expulsion
The 135th General Assembly finished yesterday with both houses enacting two pieces of legislation of primary interest to boards of education and their administrators, HB 8 and HB 206. Both pieces of legislation are on their...more
The short answer is: It's complicated. A night of partying with friends, one too many drinks, a reckless decision – a DUI can derail your life in the blink of an eye. If you're a college student in Colorado facing DUI...more
As a parent, your child’s education is one of your top priorities. However, navigating the complexities of school discipline can be daunting, especially when considering potential suspension and expulsion. Understanding the...more
A California jury just punished a private school that expelled two students for off-campus activity with a $1 million dollar verdict – an outcome that should compel schools around the country to ensure they are applying due...more
Students found responsible for Title IX violations face a wide array of penalties, ranging in severity depending upon the nature of the sexual misconduct. Because sanctions for Title IX violations can follow a student...more
Expulsion and dismissal are the most severe sanctions an academic institution can impose. Both labels connote student separation from the school. Whenever a student is facing expulsion or dismissal, the student should enlist...more
The California Supreme Court recently issued its decision in Boermeester v. Carry. Though the case deals with fair procedure within a private university’s internal disciplinary proceedings, it provides helpful guidance for...more
Last week Pullman & Comley released its annual comprehensive summary of legislation affecting Connecticut schools. Included here is our initial take on the key policy and procedural impacts as a result of this year’s...more
Welcome to Compliance Notes from Nossaman’s Government Relations & Regulation Group – a periodic digest of the headlines, statutory and regulatory changes and court cases involving campaign finance, lobbying compliance,...more
The School Board expelled two students, Epple and Chen, after their violent and racist Instagram posts about classmates circulated around their high school. The students challenged the school board’s ability to discipline...more
In re Appeal of G.S., 269 A.3d 718, 722 (Pa. Commw. Ct. 2022), appeal denied, 61 MAL 2022, 2022 WL 2447538 (Pa. July 6, 2022) (The Pennsylvania Commonwealth Court determined that the expulsion of a student for a social media...more
R.S. by R.S. v. Hempfield Area School District, 268 A.3d 521 (Pa. Commw. Ct. 2021). (The Pennsylvania Commonwealth Court explained that the Pennsylvania Public School Code requires a one-year expulsion for possession of a...more
In an earlier post, I offered a broader-than-usual overview of certain key rights that a minority owner holds in a closely-held business: the right to vote on company action, the right to inspect books and records, the right...more
Governor Pritzker recently signed into law Public Act 102-0466 (House Bill 3223), which makes changes and additions to the School Code to support students who are parents, expectant parents, or victims of domestic or sexual...more
Now that I’ve got your attention, relax. At least for New York LLCs, a member can be expelled from an LLC only if expressly authorized by the operating agreement....more
Doe v. Univ. of the Sciences, No. 19-2966 (3rd Cir., May 29, 2020) - Summary of procedural history: Plaintiff, a senior at The University of the Sciences in Philadelphia filed suit alleging USciences discriminated...more
JOHN DOE V. PRINCETON UNIVERSITY U.S. Dist. Ct., Dist. NJ (April 21, 2020) - Procedural History: On April 15, 2020, Plaintiff John Doe filed a motion in the District Court of New Jersey for a Temporary Restraining Order...more
Don’t Miss the 2020 LLC Institute Virtual Meeting! It’s that time of year again, when leading experts and practitioners in the field of closely held business entities gather for the LLC Institute’s spectacular CLE program....more
On April 7, 2020, the United States Trade Representative (“USTR”) issued one-year extensions for some product exclusions that were granted in April 2019. The extensions cover eight product exclusions that were due to expire...more
The case of Shapiro v Ettenson ranks as one of the more consequential ones in the realm of New York’s LLC jurisprudence....more
As the kick-off to the school year winds down and daily routines take shape, we start to see serious student discipline issues pop up. And one situation that always leads to confusion is what to do when a student who does not...more
LLC enabling statutes authorize two types of management structures. The default structure is member-managed in which all members participate in the management of the company’s business affairs. Member-managed LLCs usually...more
The U.S. Court of Appeals for the First Circuit determined that constitutional due process principles do not require public universities to permit respondents or their advisors to cross-examine complainants in Title IX...more
We have previously discussed the tension between a school district’s discipline for social media posts and the protections of the First Amendment. Indeed, as the United States Supreme Court said in Tinker v. Des Moines...more
On September 20, 2018, in Durham v. Martin, et al., 2018 WL 4496404 (6th Cir. 2018), the Sixth Circuit reversed the Middle District of Tennessee’s finding that Jeremy Durham lacked standing to pursue a suit against certain...more