57 results for 'cat:"Education" AND cat:"Contract"'.
J. Wood finds the county court improperly dismissed the school football coach's Teacher Fair Dismissal Act claims. The court dismissed the claims with prejudice, finding they were precluded by the coach's failure to “administratively appeal” the district's decision to terminate. A cited case involved a teacher’s contract being changed for a subsequent school year. In this case, the district terminated the contract midway through the year, resulting in financial consequences during that same year. The court erroneously found the coach's signing of the subsequent year's contract precluded his recovery for the midyear termination under the act. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 8, 2024, Case #: CV-22-592, Categories: education, Employment, contract
J. Samour finds the appeals court properly overturned the trial court's decision to grant summary judgment to the university on contract claims filed by the male student accused of rape. When read in conjunction with the entirety of the school's Office of Equal Opportunity procedures handbook, the requirement for a "thorough, impartial, and fair" investigation into allegations of sexual assault created a contractual relationship between the parties. Additionally, the male student's allegations the university failed to interview four of the five witnesses he presented and failed to seek out missing portions of the victim's medical examination file render his contract claim plausible and prevent judgment in favor of the university. Affirmed in part.
Court: Colorado Supreme Court, Judge: Samour, Filed On: May 6, 2024, Case #: 2024CO27, Categories: education, Due Process, contract
J. Diaz finds the lower court properly entered judgment voiding the contract between the star basketball player and his former agents. The basketball star signed an agreement with an agency after he played his final game for Duke but before he was drafted into the NBA. The agents argued that the player didn't count as a student-athlete for the purpose of the North Carolina Uniform Athlete Agents Act, which governs contracts between student-athletes and their agents. The player was still a student-athlete when he signed the contract because he had not yet left the university or signed a professional contract. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: May 6, 2024, Case #: 22-1793, Categories: education, Tort, contract
Per curiam, the appellate division finds that the lower court improperly dismissed a contract and negligent hiring suit filed by the family of a student against a teacher who bullied him on a school trip. A claim should be read liberally at this early stage in the proceedings, and the various theories were not necessarily duplicative of one another. For example, the cause alleging unjust enrichment was based on the parents' having paid fees for the school trip, which can be dismissed without affecting the negligent hiring charge. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02341, Categories: Civil Procedure, education, contract
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J. Blacklock finds that the Pandemic Liability Protection Act can be retroactively applied to the student’s claims stemming from Southern Methodist University moving to online classes during the Covid-19 pandemic. The student has not shown that "he had a reasonable and settled expectation that he could recovery money damages from SMU if the government forcibly shut down the campus and gave the school only the option" of moving to online classes.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: April 26, 2024, Case #: 23-0565, Categories: education, Covid-19, contract
[Consolidated.] Per curiam, the circuit finds on remand that the district court improperly dismissed contract claims brought by high-ranking employees who had been fired from their jobs with a big city school district because the women's internship certificates had been discounted as meeting professional requirements for leadership roles under their employment agreements, even when state education overseers opined that the certificates rendered them qualified, raising questions of fact better left to trial.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 4, 2024, Case #: 22-2810, Categories: education, Employment, contract
J. Lewis finds that the trial court improperly ruled in part against a university accused of charging application and orientation fees that exceeded the maximum allowed under Florida statutes because the board was entitled to immunity on declaratory judgment claims. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lewis, Filed On: April 3, 2024, Case #: 1D2021-1857, Categories: education, Immunity, contract
J. Thompson finds that the trial court properly dismissed breach of contract and negligent misrepresentation claims brought after students were expelled from a private school because enrollment contracts granted the school discretion to terminate enrollment. Affirmed.
Court: North Carolina Court of Appeals, Judge: Thompson, Filed On: April 2, 2024, Case #: COA23-252, Categories: education, contract
J. Gallagher finds that the trial court properly granted summary judgment to a private school in a contract dispute over full tuition charged to a parent for their early unenrollment of two students, as the contract language was clear and reasonably sought to cover costs incurred by the school for unenrollment. Additionally, the court did not error denying the parent’s motion to strike an affidavit provided by an employee of the school involved in accounting and managing tuition payments; the employee had personal knowledge of the school’s enrollment contracts and the costs involved in early unenrollment.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 22, 2024, Case #: 2024-Ohio-1060, Categories: education, contract
J. Hanlon grants the fraternity's motion to dismiss on an ex-member's claims the fraternity violated his due process rights by expelling him without notice, barring him from readmission. The ex-member was expelled after seeking readmission 20 years after having left school. Though he was readmitted, he later received an expulsion letter stating he had failed to meet membership verification requirements. No fraud or abuse of civil or property rights has been found. The court will not interfere in the internal affairs of voluntary membership associations, and no allegations implicate the school itself.
Court: USDC Southern District of Indiana, Judge: Hanlon , Filed On: March 21, 2024, Case #: 1:23cv956, NOS: Other Contract - Contract, Categories: education, contract
J. Kafker reverses in part the granting of summary judgment in favor of a university against members of its tenured faculty suing it for requiring them to obtain 50% of their individual salaries from external research funding to avoid salary cuts and being reduced to part-time employees, and for requiring that their external funding maintain a specific cost recovery rate to avoid reductions in the size of their labs. While summary judgment is appropriate concerning lab sizes, because nothing in the faculty members’ tenure documents guarantees lab space, it is not appropriate where it concerns economic security, which is included in the tenure documents and could limit the university’s ability to reduce salary and full-time status.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: March 14, 2024, Case #: SJC-13472, Categories: education, Employment, contract
[Consolidated.] J. Petrou holds that that the trial court properly granted summary judgment to the University of San Francisco on the students' claims that it should refund tuition for suspending in-person instruction during the Covid-19 pandemic. The students failed to show the university had promised through either an express or implied contract to provide in-person instruction in all circumstances, including a health and safety emergency. Affirmed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: February 29, 2024, Case #: A165976, Categories: education, Covid-19, contract
J. Brann allows student’s class claim against Bucknell University for holding remote classes, rather than in-person schooling, during the Covid-19 pandemic. The college retained the student’s full tuition paid for in-person learning and it was not clear a reasonable opportunity was provided for the student to reject the change and be reimbursed.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: February 23, 2024, Case #: 4:23cv1907, NOS: Other Contract - Contract, Categories: education, Class Action, contract
[Consolidated.] J. Colvin finds that the trial court improperly ruled in favor of the teacher in an action against the education officials challenging a provision of the 2007 Charter Systems Act waiving public charter schools' compliance with the Fair Dismissal Act, a law that gave public school teachers some protections against demotion and nonrenewal of their contracts after their fourth consecutive school year. The teacher alleged that the provision violated the impairments clause of the Georgia Constitution by impairing teachers' vested property rights and contract rights under the Fair Dismissal Act. A grant of the waiver to the school system did not impair any rights belonging to teachers who had earned Fair Dismissal Act rights prior to the school system's conversion into a charter school system. The passage of the Charter Schools Act of 1993 had already waived any obligation that charter schools would have had to comply with the Fair Dismissal Act. Reversed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: February 20, 2024, Case #: S23A0821, Categories: education, contract
J. Stargel finds the trial court improperly denied the college’s motion to dismiss student’s complaint against the college for charging mandatory fees during the Covid-19 pandemic and not allowing in-person classes. The student fails to allege an express contract that could defeat the claim of sovereign immunity. The college in fact is entitled to the dismissal on the contract claim. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: February 9, 2024, Case #: 6D23-161, Categories: education, Immunity, contract
J. McFadden denies, in part, a university's motion to dismiss an expelled student's discrimination action. He adequately pleads his claims for racial discrimination and breach of implied covenant of good faith and fair dealing, and his contract claim for breach of his scholarship agreement.
Court: USDC District of Columbia, Judge: McFadden, Filed On: February 6, 2024, Case #: 1:23cv436, NOS: Education - Civil Rights, Categories: Civil Rights, education, contract
J. Williams grants, in part, Yale University's motion for summary judgment, ruling the former chief of cardiovascular medicine cannot make a plausible contract claim related to his removal from that position after sexual assault allegations. His employment agreement with the university guaranteed only his job as a professor. However, because the removal of several honorific titles and endowments after the allegations could be considered an adverse employment action under precedent from the Second Circuit Court of Appeals, the sex discrimination claim will proceed.
Court: USDC Connecticut, Judge: Williams, Filed On: January 17, 2024, Case #: 3:19cv1547, NOS: Employment - Civil Rights, Categories: education, Employment Discrimination, contract
J. Stiglich denies the board of regent's petition for a writ of mandamus, which seeks to preclude the district court's exercise of jurisdiction over the students' breach of contract and unjust enrichment claims arising from the board's changing of in-person classes to online classes during the Covid-19 pandemic. The district court denied the board's motion to dismiss, emphasizing that though its findings were not conclusive, the students' pleadings were sufficient to defeat the motion pending further discovery.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 22, 2023, Case #: 84859, Categories: education, Covid-19, contract
J. Keough finds the trial court was not required to dismiss the university's collection action against the graduate student for the school's failure to join the finance company who disbursed federal loans to the student. The action could be resolved in its entirety without the finance company, which was not an indispensable party. However, the unjust enrichment claim should have been dismissed by the lower court because the relationship between university and student is contractual in nature, which rendered the unjust enrichment claim duplicative. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: December 21, 2023, Case #: 2023-Ohio-4650, Categories: Debt Collection, education, contract
J. Sudday enters judgment in favor of Hamilton College on a student’s Title IX gender discrimination and breach of contract complaint, according to which the the college wrongfully concluded that he sexually assaulted a female student and afterwards expelled him from school. The court finds the student has failed to present any evidence would lead a jury to find the college’s actions showed bias against men or that the college’s process violated school policy.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: December 19, 2023, Case #: 6:21cv436, NOS: Education - Civil Rights, Categories: Civil Rights, education, contract
J. Boasberg dismisses a student's claims against Georgetown University arising from his dismissal from its school of medicine and a dean's allegedly inappropriate relationship with him. Most of his claims are untimely, and he fails to specify any terms of the contract between the parties and, therefore, cannot demonstrate the university's breach.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: December 15, 2023, Case #: 1:23cv2058, NOS: Other Civil Rights - Civil Rights, Categories: education, Due Process, contract
J. Carney finds that the district court properly dismissed claims alleging breach of contract and deceptive business practices after a college moved classes online for a performing arts graduate student, and postponed staging his play, due to the Covid-19 pandemic because the student failed to allege a specific promise of in-person instruction under New York law, and the college course catalog listed its right to reschedule courses or assignments in the event of unforeseen circumstances. Affirmed.
Court: 2nd Circuit, Judge: Carney, Filed On: December 8, 2023, Case #: 21-1377, Categories: education, Covid-19, contract
J. Christopher finds that the lower court properly reversed the education commissioner's decision upholding the school district's termination of a teacher's contract relating to her actions in administering the STAAR test. The evidence did not show that the teacher violated "accepted standards of conduct for the profession as generally recognized and applied in similarly situated school districts" in Texas. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: November 16, 2023, Case #: 14-22-00418-CV, Categories: education, Employment, contract
J. Armstead finds that the circuit court erred in affirming the grievance board’s decision restoring two separate bus routes an employee drove for the board of education. The bus driver, who worked for the district since 1980, complained after the board determined a second vocational bus route was improperly awarded to her via contract in 1985. The vocational route contract was illegal because it conflicted with the driver’s primary route contract, which was never modified to account for a change in destinations or an overlapping schedule. The circuit court erred by accepting the grievance and concluding the board had no duty to correct the mistake, in spite of its significance. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: November 8, 2023, Case #: 22-234, Categories: education, Employment, contract