News & Analysis as of

Motion to Dismiss Public Schools

Marshall Dennehey

Appeals Court Upholds Sovereign Immunity, Dismisses PIP Reimbursement Suit Against School Board

Marshall Dennehey on

School Board of Marion County v. State Farm Mutual Automobile Insurance Company, 397 So. 3d 248 (Fla. 5th DCA Nov. 21, 2024) - An insurance carrier sought reimbursement for PIP benefits paid following a school bus accident,...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

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

FMLA Interference: Court Finds Defendants’ Motion to Dismiss to Be Premature

In Smith v. School Board for the City of Norfolk, Virginia, et al., No. 2:21-cv-138 (November 5, 2021), the U.S. District Court for the Eastern District of Virginia refused to grant a motion to dismiss to the Norfolk School...more

TNG Consulting

Campuses and the Courts: M.M. v. San Juan Unified Sch. Dist.

TNG Consulting on

M.M. v. San Juan Unified Sch. Dist., No. 219CV00398TLNEFB, 2020 WL 5702265 (E.D. Cal. Sept. 24, 2020) - SUMMARY OF PROCEDURAL HISTORY: M.M., a nine-year-old female student in the San Juan Unified School District (SJUSD),...more

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

Federal Court in North Carolina Tackles Associational Discrimination Claim Brought by Teacher With Disabled Son

On February 26, 2020, in the case of Schmitz v. Alamance-Burlington Board of Education, the United States District Court for the Middle District of North Carolina granted in part and denied in part a motion to dismiss claims...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

Tucker Arensberg, P.C.

The Third Circuit Court Of Appeals Denies Teacher Qualified Immunity Under The “State-Created Danger” Theory Where The Teacher...

L.R. v. School Dist. of Philadelphia et. al. No. 14-4640 (3rd. Cir. Sept. 6, 2016). The Third Circuit Court of Appeals affirmed an Order from the U.S. District Court for the Eastern District of Pennsylvania denying...more

Dorsey & Whitney LLP

D.C. Circuit Interprets the First-to-File Rule Narrowly

Dorsey & Whitney LLP on

A decision this week from the D.C. Circuit shed light on three important issues. United States ex rel. Heath v. AT&T, Inc., No. 14-7094 (D.C. Cir. June 23, 2015). In 2008, the appellant, Todd Heath, filed an FCA qui tam...more

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