News & Analysis as of

Negligence › Students

Tucker Arensberg, P.C.

Student Cannot Claim Damages for Emotional Distress or Negligence Arising from Hazing

Tucker Arensberg, P.C. on

Michael Reed V. Mount Carmel Area School District, Et Al., Case No. 4:23-Cv-00890 (M.d. Pa., October 3, 2023) U.S. District Court dismissed claims against School District for emotional distress under Title IX and for...more

Marshall Dennehey

The Political Subdivision and Torts Claim Act’s Sexual Abuse Exception: Application to Post-Assault in School Harassment

Marshall Dennehey on

Key Points: The Political Subdivision and Torts Claim Act still provides immunity to school districts in cases where a student adjudicated of sexual assault continues harassment of a student in the school setting because no...more

Bond Schoeneck & King PLLC

Fair or Foul? NYS Court of Appeals Says Case of Injured High School Baseball Player Must Go to Trial

Bond Schoeneck & King PLLC on

Earlier this year, the New York Court of Appeals provided new guidance on the often-litigated assumption of the risk doctrine. That doctrine provides that a plaintiff cannot recover under tort for the actions of a negligent...more

Miles & Stockbridge P.C.

Recent Maryland Court of Appeals Decision Limits Protections for Educators Facing Negligence Claims

Miles & Stockbridge P.C. on

In a recent decision, the Maryland Court of Appeals reversed lower rulings related to federal preemption of state law and Maryland’s educational malpractice doctrine. The ruling could have significant implications for...more

Franczek P.C.

Federal Case Highlights Nuances of Addressing Sexual Harassment Involving Students with Disabilities

Franczek P.C. on

In March, the U.S. District Court of the Western District of Washington ruled against a school district in favor of a student with intellectual disabilities, who was awarded $500,000 by a jury based on the district’s failure...more

Miles & Stockbridge P.C.

Maryland Teachers Not Negligent for Student Misbehavior

Miles & Stockbridge P.C. on

The Maryland Court of Special Appeals held on September 7, 2021 that Maryland public school teachers cannot be held liable in negligence for the injuries of students under their supervision at the hands of other misbehaving...more

Butler Weihmuller Katz Craig LLP

New Hampshire Confirms Sutton Doctrine Applies To College Dormitories

Butler Weihmuller Katz Craig LLP on

The determination of whether a tenant is also a coinsured under the landlord’s policy ultimately comes down to the language in the lease and relationship between the parties. In the absence of specific language or a unique...more

Jackson Lewis P.C.

The Year Ahead: Litigation Hot Spots at a Glance

Jackson Lewis P.C. on

With COVID-19 giving rise to a whole host of new claims ranging from issues surrounding remote work to tuition reimbursement as well as new developments in the area of sexual orientation and gender identity, employers need a...more

TNG Consulting

Campuses and the Courts: M.M. v. San Juan Unified Sch. Dist.

TNG Consulting on

M.M. v. San Juan Unified Sch. Dist., No. 219CV00398TLNEFB, 2020 WL 5702265 (E.D. Cal. Sept. 24, 2020) - SUMMARY OF PROCEDURAL HISTORY: M.M., a nine-year-old female student in the San Juan Unified School District (SJUSD),...more

Bricker Graydon LLP

Potential liability and defenses related to COVID-19 for public educational institutions

Bricker Graydon LLP on

With the 2020-2021 school year about to begin, some consideration needs to be given by public educa­tional institutions to potential liability. Summarized in this article are some of the potential claims that may be asserted...more

Troutman Pepper

Dissecting the Massachusetts Ruling Recognizing a Duty for Higher Education Institutions to Prevent Student Suicide

Troutman Pepper on

A recent decision by Massachusetts’s highest court unanimously recognized that, under some circumstances, colleges and universities have a duty to protect students from suicide that, if violated, could result in tort...more

Fisher Phillips

Education Update, No. 3, July 2013: Field Trips Or Land Mines?

Fisher Phillips on

There is no question that field trips are an essential part of strengthening the curriculum and creating an interactive learning experience for today’s students. In fact, most independent schools pride themselves on the...more

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