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HTMLAre Graduate Assistants Employees Or Students?
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
November 22, 2013, previously published on November 21, 2013
In Al-Maqablh v. University of Cincinnati College of Medicine (11/5/13), an Ohio federal court answered the question of whether graduate assistants are employees entitled to the protections of Title VII. As with most legal question, the answer depends.

 

HTMLWhen The Boss Is Accused Of Unlawful Acts, Respond Appropriately #Robford
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
November 19, 2013, previously published on November 18, 2013
My law school alma mater, Case Western Reserve University, is currently embroiled in a nasty lawsuit filed by a professor, who alleges that the Dean retaliated against him after he opposed the Dean’s sexually harassing behavior. This is how my school publicly responded:

 

HTMLLCFF Update
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
November 11, 2013, previously published on November 7, 2013
Today the State Board of Education (“SBE”) met to review proposed regulations implementing the “proportionality requirement” and the Local Control and Accountability Plan (“LCAP”) framework under the Local Control Funding Formula (“LCFF”).

 

HTMLDebtor’s Causes of Action Were Property of the Estate and Could be Pursued and Settled Only By Chapter 7 Trustee
Elizabeth J. Austin, Irve J. Goldman, Jessica Grossarth, Jonathan A. Kaplan; Pullman & Comley, LLC;
Legal Alert/Article
November 7, 2013, previously published on Fall 2013
In Desmores v. Charlotte School of Law (In re Desmores), 497 B.R. 390 (D. Conn. Aug. 29, 2013) (Thompson, J.), the debtor filed and sought to pursue an adversary proceeding against one of his creditors, Charlotte School of Law (“Charlotte”). The action included claims of negligence and...

 

HTMLFAA Preempts California Rule Barring Arbitration of Certain Claims for Injunctive Relief, Federal Court Rules
Jackson Lewis LLP;
Legal Alert/Article
November 7, 2013, previously published on November 5, 2013
The Federal Arbitration Act (“FAA”) preempted the California Supreme Court’s rule exempting claims for “public injunctive relief” from arbitration (known as the “Broughton-Cruz” rule), the U.S. Court of Appeals for the Ninth Circuit has ruled, reversing an...

 

Adobe PDFNational School Boards Association Releases List of FAQs Relating to DOMA Employer Issues
Hancock Estabrook LLP;
Legal Alert/Article
November 7, 2013, previously published on November 2013
The National School Boards Association (NSBA), in partnership with the National Education Association and American Association of School Administrators, has released a list of frequently asked questions (FAQs) for school district employers and employees to help deal with questions that have been...

 

HTMLVague Comments about Retirement Cannot Be Relied Upon.
Shawe Rosenthal LLP;
Legal Alert/Article
November 6, 2013, previously published on October 30, 2013
An employee’s comments about possible retirement were not sufficient to support the employer’s decision to eliminate his position, according to the U.S. Court of Appeals for the Fourth Circuit.

 

HTMLEmployer Faces ADA/FMLA Conundrum And Wins Summary Judgment
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 6, 2013, previously published on November 4, 2013
In an unpublished opinion issued on October 8, 2013, Owens v. Calhoun County School District, No. 12-60897, the Fifth Circuit Court of Appeals recently upheld a district court’s grant of summary judgment in favor of an employer on a claim brought under the Americans with Disabilities Act...

 

HTMLKnow the Law Regarding School District Challenges to Residency
Lynn M. Brown; Meyer, Suozzi, English & Klein, P.C.;
Legal Alert/Article
October 31, 2013, previously published on October 28, 2013
You plan to buy a home in a particular school district, but the sale falls through and you are still in your old home, but your children already started school in the new district.

 

Adobe PDFCollege and University Boards Advised to Become and Remain Informed of Sexual Misconduct on Campus
Rebecca Lacher; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
October 31, 2013, previously published on October 2013
The Association of Governing Boards of Universities and Colleges (AGB) released an Advisory Statement on Sexual Misconduct on October 24. The AGB recognized many colleges and universities are now defending against lawsuits, federal investigations, and negative publicity stemming from sexual...

 


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