STATUTE OF LIMITATIONS: Claim of fall through service access alleges elements of negligence per se, not claims that are a “liability created by statute,” 3-year statute applies and claim is timely… Vannatta. [Read more…]
School athletics, 8-semester rule waiver request
SCHOOL ATHLETICS: Supervisory control of Murnion denied as to denial of preliminary injunction seeking waiver from 8-semester rule for 5th-year senior to play basketball after absence due to Covid… order. [Read more…]
School athletics, denial of waiver from 8-semester rule
SCHOOL ATHLETICS: Preliminary injunction denied as to MHSA’s denial of waiver from 8-semester rule for 5th-year senior to play basketball after absence sophomore year due to Covid… Murnion. [Read more…]
COVID masking, school mandates
COVID MASKING: Substantive due process challenge to school mask mandates properly rejected on summary judgment… Marks affirmed. [Read more…]
Sex discrimination, Lady Griz head coach non-renewal
SEX DISCRIMINATION: Title VII claim by non-renewed Lady Griz head basketball coach rejected on summary judgment… Christensen. [Read more…]
Racial/sexual/national origin discrimination, student
RACE/SEX/NATIONAL ORIGIN DISCRIMINATION claims by parents of bullied high school student dismissed for failure to exhaust administrative remedies… Christensen. [Read more…]
COVID masking, school masking policies
COVID MASKING: Preliminary injunctions against school masking policies properly denied… Marks and McElyea affirmed. [Read more…]
Arbitration, no knowing waiver of Title VII sex suit
ARBITRATION: UM women’s head basketball coach did not knowingly waive right to bring Title VII sex discrimination claim in Federal Court, arbitration clauses at most gave notice that she was agreeing to arbitrate contractual disputes regarding employment agreement… Christensen. [Read more…]
Schools, territory transfer
SCHOOLS: Poplar to Froid territory transfer affirmed… Mitchell/Cybulski affirmed. [Read more…]
$1,141,000 settlement, failure to serve special ed student
SETTLEMENT: $1,141,000 ($925,000 for educational services, $35,000 damages, $181,000 attorney fees), alleged failure to serve special education student for 4 years including isolation in church basement. [Read more…]