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Law.com

Breach of Implied Contract Claim May Continue Against Brandeis University Over Move to Online Learning During Pandemic

"The fact that Brandeis offered both in-person and online graduate programs, but only in-person undergraduate programs, could allow a jury to infer that Brandeis reasonably expected plaintiffs (both undergraduates) had paid tuition in exchange for in-person instruction," the judge wrote. "Finally, although classes might be moved with some frequency from one meeting place to another, a jury could find that this did not disturb a reasonable expectation that plaintiffs paid tuition in anticipation of classes meeting in-person somewhere on campus."
6 minute read

National Law Journal

Justice Amy Coney Barrett Refuses to Stop Biden's Student Loan Forgiveness Plan

Barrett issued the denial without comment one day after the emergency application was filed.
2 minute read

National Law Journal

Stop! Justices Asked to Halt Biden Administration Student-Loan Forgiveness Program

Plaintiffs have filed lawsuits challenging the program in a number of jurisdictions.
3 minute read

Law.com

University, Housing Complex Owed No Duty to 'Take Administrative Action' on Student's Title IX Claims

"Plaintiff's claim that Liberty owed her a duty to take administrative action either before or after a sexual assault fails because such a duty is not recognized in Virginia," wrote U.S. District Judge Norman K. Moon of the Western District of Virginia. "Second, Plaintiff argues that Liberty had a duty to Plaintiff via Oasis Defendants' actions, because The Oasis is a 'de facto' student dormitory ... This claim fails as well. As mentioned above, Liberty does not have a special relationship to Plaintiff solely by virtue of being the university she attended. Now, assume arguendo that a close relationship exists between Liberty and Oasis Defendants such that Oasis Defendants' duties became Liberty's. Even then, Oasis Defendants ... had no duty to Plaintiff."
6 minute read

Law.com

Monsanto Hit With $275M Verdict in Latest PCB Exposure Trial

A Seattle jury rendered its award on Thursday to six adults and seven children who alleged they suffered brain damage after being exposed to PCB, or polychlorinated biphenyls, at a school in the state of Washington.
4 minute read

National Law Journal

Yale Addresses Free Speech Concerns Amid Judge's Boycott

"The law school is moving forward on its central commitments and we are focused on educating the next generation of lawyers and instilling them with the values so many of us hold dear," said dean Heather Gerken.
3 minute read

Law.com

Observers Agree 'the Swinging Pendulum' of Title IX Presents Challenges for All Sides

"I believe that there is going to be another wave of litigation," said attorney Laura L. Dunn. "I don't think that this current administration has thought through all the implications of having such specific regulations. The Trump administration firmly grabbed the wheel and shifted it one direction, and unfortunately, the same thing is now being done where we have hyper-specific regulations rather than giving schools back some level of autonomy."
7 minute read

The Legal Intelligencer

Religious Freedom and Parental Rights: Upcoming Title IX Battleground for Transgender Students

Title IX of the educational amendments of 1972 (Title IX) guarantees that, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance."
8 minute read

New Jersey Law Journal

3rd Circ. Holds Princeton University Professor Failed to Meet Pleading Standard for Title IX Claim

The U.S. Court of Appeals for the Third Circuit has reaffirmed the court's pleading standard for Title VII and Title IX claims in a case reviewing a tenured professor's complaint that Princeton University violated his civil rights when he was terminated in 2018.
7 minute read

Law.com

Susman Godfrey, Civil Rights Clinic Join Forces for Class Action Against Virginia Department of Education

"It is a travesty that two generations of special needs children were deprived of the educational and due process rights to which they were entitled under the IDEA and U.S. Constitution," said Bill Merrill, an attorney with Susman Godfrey. "This lawsuit is a critical step toward improving how Virginia schools treat this vulnerable population."
4 minute read

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