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HTMLState Law Governing Federal Student Loan Servicing Not Preempted by the Higher Education Act
Kelly Lipinski, Arthur J. Rotatori; McGlinchey Stafford;
Legal Alert/Article
January 9, 2014, previously published on August 28, 2013
The U.S. District Court for the Western District of Wisconsin recently that held provisions of a state’s consumer protection law governing how a loan servicer collects payments owed on a federal student loan are not preempted by the federal Higher Education Act (“HEA”). Weber v....


HTMLService Animals In School
Fisher Phillips LLP;
Legal Alert/Article
January 7, 2014, previously published on January 6, 2014
Joey is a 5th grade student who is hearing impaired. Joey’s parents request that he be allowed to attend school with his service dog, Snickers. You learn that Joey’s teacher is severely allergic to animal dander. You are also aware that several students in Joey’s class are afraid...


HTMLAre School Tuition Payments Fair Game For Bankruptcy Trustees in Parents' Personal Bankruptcy?
Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, Jonathan A. Kaplan; Pullman & Comley, LLC;
Legal Alert/Article
January 7, 2014, previously published on January 2, 2014
Parents who are forced to file for personal bankruptcy may be surprised to find that school tuition payments they made for their children years earlier could become the target of recovery by an aggressive bankruptcy trustee. The theory of recovery in such cases is found in fraudulent transfer law,...


HTMLSB 692 Expands Public Services that May be Financed by a Community Facilities District, Among Other Changes
Best Best Krieger LLP;
Legal Alert/Article
January 6, 2014, previously published on December 30, 2013
Senate Bill 692, effective January 1, 2014, makes several changes to the Mello-Roos Community Facilities Act and the Marks-Roos Local Bond Pooling Act that are beneficial to public agencies seeking to fund public services and improvements.


HTMLAre Ontario Employees Entitled to Benefits Coverage After the Age of 65?
Davis LLP;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
With more and more Canadians working well past the ‘traditional’ retirement age, benefit entitlements have become more of a concern for both employees and employers.


HTMLEducation Code Section 56041 Requires the District of the Parents' Residence to Provide Special Education Services to Eligible County Jail Inmates Between Age 18 and 22
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
December 19, 2013, previously published on December 18, 2013
Pursuant to a request for a state law decision from the Ninth Circuit Court of Appeals, the California Supreme Court has interpreted Education Code section 56041 to say that the district of the parents' residence is responsible for providing special education services to an eligible inmate of a...


HTMLOff Duty Conduct
Field Law;
Legal Alert/Article
December 13, 2013, previously published on December 4, 2013
Fountain, a teacher, fired a shot from a rifle over the heads of his sons in the aftermath of a domestic dispute. He was found guilty by the College of conduct unbecoming a member of the profession. Fountain appealed the College's finding on the basis that the evidence was not reasonably capable of...


HTMLReal Estate Contract Unambiguous and Did Not Limit the Campus Design As Long As the Campus Was Use Consistent With Contract Terms
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
December 13, 2013, previously published on December 2013
In 1987, Ms. Banks was the managing co-owner and caretaker of a 138-acre farming property in Montgomery County (“the Property”) that had been held by her family for over 100 years. Despite being approached on numerous occasions, Ms. Banks refused to sell the property to residential or...


Adobe PDFNew Rules for Municipal Contract Procurement
Lamb Barnosky LLP;
Legal Alert/Article
December 13, 2013, previously published on November 27, 2013
Governor Cuomo recently signed a bill amending General Municipal Law Section 103 to clarify the bidding requirements for school districts and municipalities that wish to purchase devices, materials, equipment and supplies, and their related maintenance services through contracts awarded by other...


HTMLBenefits Continuation During Leaves of Absence
Alka Kundi; Borden Ladner Gervais LLP;
Legal Alert/Article
November 29, 2013, previously published on November 27, 2013
Managing employees who are on a leave of absence is often a difficult task for employers. Among other things, employers must understand the contractual, statutory and common law obligations which are owed to such employees, particularly with respect to the protection and continuation of benefits....


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