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Universities Constitutional Challenges

Faegre Drinker Biddle & Reath LLP

First Circuit Upholds Massachusetts Law Barring COVID-19 University Student Refund Claims Against Constitutional Challenge

On May 22, 2024, the First Circuit denied panel rehearing and rehearing en banc on its decision to uphold summary judgment in favor of Boston University. See Dutra v. Boston University, No. 23-1385, 96 F.4th 15 (1st Cir. Mar....more

Bricker Graydon LLP

What’s New in Pregnancy and Parenting on Campus: New Regulations from the Equal Employment Opportunity Commission and the...

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Over the last several years, we have seen an increase in focus on the rights of pregnant and parenting people on campus in higher education—from a string of recent Office for Civil Rights (OCR) resolutions, to new federal...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - February 2024 #4

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The first person charged for violating a 2020 law that forbids conspiracies to taint international sports events through performance-enhancing drugs received a three-month prison sentence. Federal prosecutors used the...more

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

Supreme Court Hears Challenge to Agency Tasked With Helping Students Make Informed Decisions About Paying for College

The Consumer Financial Protection Bureau (CFPB), a government agency that protects consumers in the financial sector, is potentially at risk following oral argument on October 3, 2023, before the Supreme Court of the United...more

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

Supreme Court Rejects Challenge to OPT Program for Foreign Students

The Supreme Court of the United States has declined to hear a challenge to a visa program that allows foreign students who graduate from U.S. colleges and universities to work in the United States for up to three years. The...more

Spilman Thomas & Battle, PLLC

SCOTUS, First Amendment and University of Alabama

Rodney Keister was challenging the University of Alabama’s grounds use policy, which requires individuals to obtain a permit before speaking publicly on campus. In his arguments, Keister asserted that the space he was using...more

Fisher Phillips

Yet Another Court Upholds Workplace Vaccine Mandate: What Your Organization Can Take From New York City Schools Litigation

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Challenges to employer-instituted vaccine mandates have become ubiquitous across the country this year, as some employees claim they should not have to get vaccinated against COVID-19 in order to keep their jobs. Also nearly...more

Winstead PC

The Federal Government Vaccine Mandate’s Impact on Colleges and Universities

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The Biden administration on Nov. 4 released a Fact Sheet announcing the details of its Occupational Safety and Health Administration (OSHA) and Center for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. ...more

Bricker Graydon LLP

Rational basis or strict scrutiny; a tale of two university vaccine policies

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On August 31, 2021, Judge John Maloney of the U.S. District Court for the Western District of Michigan issued two separate opinions on motions for temporary restraining orders requesting prohibitions against university...more

Bricker Graydon LLP

University vaccine mandate constitutionality: A review of the US Seventh Circuit’s IU decision

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In a succinct decision issued earlier this week, the United States Court of Appeals for the Seventh Circuit (including states Illinois, Indiana and Wisconsin) refused to issue an injunction pending the outcome of a...more

Franczek P.C.

Appeals Court Rejects Bid to Block Indiana University Vaccine Policy

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Like many higher education institutions, Indiana University will require all students, faculty, and staff to get a COVID-19 vaccine before returning to campus this fall, subject to certain exemptions. Eight students who...more

Steptoe & Johnson PLLC

Eighth Circuit Affirms Decision Overturning University’s “Deregistration” of Religious Groups

Steptoe & Johnson PLLC on

In a decision of significance for campuses across the country, the U.S. Court of Appeals for the Eighth Circuit upheld a trial court ruling overturning the University of Iowa’s “deregistration” of a campus Christian group,...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

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 23, September 2020

COVID-19 and Unprecedented: Litigation Insights, Issue 23 - This 23rd edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning from a brief Labor Day break. The spate of lawsuits...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 22, August 2020

COVID-19 and Unprecedented: Litigation Insights, Issue 22 In our 22nd edition of Unprecedented, our weekly update on COVID-19-related litigation, we see cases against employers continue to rise, and offer insight for...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 18, 2020

This 18th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us return to what, even in these early days of the pandemic, must be considered as some of the hottest topics. Thus, we discuss new...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 17, 2020

This 17th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses everything from insurance coverage disputes to statewide shutdown orders. Despite an uphill climb towards liability, businesses...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 8

This eighth edition of Unprecedented, our weekly update on COVID-19-related litigation, follows what we hope was a restful and meaningful Memorial Day weekend. For the third week in a row, shutdown challenges, workers'...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 6

This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more

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

Is “Fair Pay to Play” Fair in College Sports? What California’s New Law Means for the Future of Amateur Athletics

On September 30, 2019, Governor Gavin Newsom signed California legislation - Senate Bill (SB) 206 - that would permit college student athletes to benefit financially (for example, from endorsement deals) from their names,...more

Holland & Knight LLP

Religious Institutions Update: January 2019 - Lex Est Sanctio Sancta

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Courts continue to grapple with the scope and meaning of the ministerial exception doctrine. In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012), the U.S. Supreme Court confirmed that a...more

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