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Documents on Litigation, Education
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|Supreme Court of Canada Agrees with Quebec Catholic School Regarding Religious Freedom|
Markus F. Kremer, Mark Phillips; Borden Ladner Gervais LLP;
April 14, 2015, previously published on March 26, 2015On March 19, 2015, the Supreme Court of Canada released its decision in Loyola High School v. Quebec (Attorney General). The case concerned an application by Loyola High School, a private Catholic school in Quebec (“Loyola”) for an exemption from the requirement to teach an Ethics,...
|School District’s Wrongful Withholding of Retention Results in Penalties and Attorney’s Fees|
Keith Smith; Wood, Smith, Henning & Berman LLP;
April 9, 2015, previously published on January 29, 2015California Court of Appeal, Second District Issues Ruling on School District’s Ability to Withhold Retention From General Contractor, General Contractor’s Compliance With Contractual Notice Provisions for Change Orders, and Whether Proposed Change Orders Can Form the Basis of a...
|Court Rules School District Should Have Done More to Accommodate Teacher Battling Cancer|
William/ E. Weiner; Jackson Lewis P.C.;
March 31, 2015, previously published on February 3, 2015In December 2014, the California Court of Appeal (“Court”) found that Morongo Unified School District’s (“School District”) failure to reassign a disabled teacher to her preferred position raised a triable issue of fact. Swanson v. Morongo Unified School Dist. (Cal....
|Teacher Awarded Damages for Defamatory Statements Made Against Her|
Borden Ladner Gervais LLP;
March 24, 2015, previously published on March 5, 2015In Jacqueline Catherine May v Rebecca Elizabeth Guzzo1 a teacher was awarded damages for defamatory statements made against her. The statements were made by Ms. Guzzo, the defendant, to the principal at the school where Ms. May was a teacher. Ms. Guzzo alleged that Ms. May was involved in criminal...
|Recent Supreme Court Decisions Extend Liability for Discrimination Suits|
David P.E. Burkett, Michael W. Pott; Porter Scott A Professional Corporation;
March 11, 2015On January 21, 2009, the United States Supreme Court created an avenue for employees of educational institutions to be sued as individuals for sex based discrimination. Fitzgerald v. Barnstable School Committee, No. 07-1125. This decision has significant consequences for educational institutions...
|Acceptable Use of Technology Policies: How to Manage Employee Privacy Expectations With Respect to Personal Use of School Technology|
Kelly J. Morris; Borden Ladner Gervais LLP;
September 18, 2014, previously published on September 5, 2014When school employees are permitted to use their work computers for personal purposes, they are entitled to a reasonable expectation of privacy. While the exact scope of that privacy right is not entirely clear, the adoption by schools of an acceptable use of technology policy applicable to staff...
|Ontario Divisional Court Rules on Whether Liturgies and Religious Retreats Fall Within the Scope of the Exemption Under The Education Act|
Heather Pessione, Eric M. Roher; Borden Ladner Gervais LLP;
September 18, 2014, previously published on September 5, 2014On April 4, 2014, the Ontario Divisional Court ruled in Erazo et al. v. Dufferin-Peel Catholic District School Board that, pursuant to the Education Act, certain students of Catholic public schools are entitled to an exemption, upon request, from some religious activities, such as mass and...
|Eighth Circuit: Political Discrimination Case Against Iowa Law School Must Be Retried|
Ryan G. Koopmans, Ryan W. Leemkuil; Nyemaster Goode, P.C.;
July 19, 2014, previously published on July 15, 2014The political discrimination lawsuit against former Iowa law school dean Carolyn Jones is being sent back down for retrial. The Eighth Circuit Court of Appeals ruled today that when the federal magistrate declared a mistrial because the jury was deadlocked, he could not recall the jury some two...
|Federal Judge Dismisses Claim against University; Failure to Appropriately Monitor Docket Not Excusable Neglect|
Anessa Abrams, B. Patrice Clair, Gary L. Lieber; Ford & Harrison LLP;
July 18, 2014, previously published on July 17, 2014Executive Summary: A federal trial court in D.C. recently dismissed the Amended Complaint of a former professor at the University of the District of Columbia ("UDC" or "University") due to his failure to timely oppose a Motion to Dismiss, finding that the plaintiff's counsel's...
|Supreme Court Decisions Impact Higher Education|
Ben Irwin; Husch Blackwell LLP;
July 15, 2014, previously published on July 9, 2014In recent weeks, the U.S. Supreme Court issued several key decisions that have - or may have in the future - implications for institutions of higher education. These rulings focused on the protection of digital information on cellphones, the Affordable Care Act’s contraceptive mandate, the...