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By Brian Lee | July 5, 2023
John Flynn, the Erie County DA since January 2017, and whose office prosecuted a racist mass shooter in Buffalo, said he pushed against that perception during his year as president of the National District Attorneys Association, a role he's vacating this week.
6 minute read
By Allison Dunn | June 30, 2023
In a 2-1 opinion, the Massachusetts Court of Appeals majority ruled against a state nonprofit organization's efforts seeking immediate relief from two public school districts' policies that required students to be vaccinated in order to participate in extracurricular activities, finding it failed to show that any of its members' children were harmed or at risk of harm.
4 minute read
By Colleen Murphy | June 23, 2023
The report and recommendation of a Pennsylvania magistrate judge held that Title IX disciplinary proceedings are "quasi-judicial" and "if abused, gives rise to an abuse of process claim"—and may result in an uptick in litigation brought against either party to a Title IX dispute.
7 minute read
By David B. Saxe and Phyllis K. Saxe | June 22, 2023
A discussion of 'Perez v. Sturgis Public Schools,' a new and important development in Special Education Law. The decision has clarified the importance of public school district compliance with the Individuals with Disabilities Education Act.
7 minute read
By Riley Brennan | June 15, 2023
"In writing the IDEA, Congress understood that families take many forms, but the bottom line is always the best interest of the child with a disability. That is why the IDEA has such a broad definition of the person assuming the role of 'parent,'" said the plaintiffs' attorney, Alan L. Yatvin of Weir Greenblatt Pierce, in Philadelphia.
5 minute read
By Jane Wester | June 14, 2023
The task force will be led by former U.S. Secretary of Homeland Security Jeh Johnson and Paul, Weiss, Rifkind, Wharton & Garrison chairman Brad Karp.
3 minute read
By Colleen Murphy | June 9, 2023
"The proposed new regulations will revoke or erode a wide array of procedural protections that have safeguarded both complainants and respondents over the last few years," said Patricia Hamill, a member and co-chair of the Title IX and campus discipline practice at Clark Hill.
10 minute read
By David A. Carrillo and Stephen M. Duvernay | June 8, 2023
"We're not advocating a vote for or against any of the educational quality measures, but we are in favor of clear constitutional commands," write David A. Carrillo and Stephen M. Duvernay.
6 minute read
By Charles Toutant | May 26, 2023
"Our position is that the arbitration should stand as originally issued, and that the arbitrator can and should have discretion in fashioning a remedy up to and including termination and/or something less than dismissal in addition to a reduction in compensation," the school district's lawyer said.
5 minute read
By Charles Toutant | May 24, 2023
Hugh McCabe's lawyers said they anticipate an application to recover attorney fees and costs as the prevailing party under the Law Against Discrimination.
5 minute read
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