Private School Matters from Liebert Cassidy Whitmore

Applicant Who Is Denied Faculty Position Cannot Establish Discrimination Where Applicant Did Not Meet Doctorate Requirement For The Position

Fri, 10 May 2013 12:00 AM PST

Christine Johnson served as a graphics instructor in the Engineering Department of the University of Puerto Rico for twelve years. Johnson had a master's degree in architecture. In 2001, the Department was having t...

A Nonprofit Public Benefit Corporation Is Not A Public Entity Immune To Adverse Possession

Fri, 10 May 2013 12:00 AM PST

Larry Hagman owned a 30-acre parcel of land in Ojai, California. In 1987, he installed a boundary fence which extended .44 acres into the land owned by his neighbor Meher Mount Corporation (Meher Mount). Meher Moun...

Non-Employment Contract Arbitration Provisions Can Be Upheld If Only Procedurally Unconscionable

Fri, 10 May 2013 12:00 AM PST

Gustavo Vasquez purchased a used car from Greene Motors, Inc. (Greene). The car's sales contract was a preprinted, single piece of paper, 26 inches long, with dense printing on both sides, and was presented on a take-it-...

Court Allows Student to Proceed with Breach of Contract Claim Where University's Defense of Failure to Exhaust Administrative Remedies Fails Because It Could Not Provide Evidence of Appeal Procedures

Fri, 10 May 2013 12:00 AM PST

Natalie Holmes was a graduate student at Southern Methodist University pursuing a Master of Music degree. Her only remaining requirement for graduation was to pass the Graduate Comprehensive Exam ("GCE"), which she took in February 2005. In March, she learned that she had failed the e...

Court Denies Family's Request for Temporary Restraining Order Where School Terminated Enrollment of Children After Family Sued School

Fri, 10 May 2013 12:00 AM PST

In February 2013, A.R.D, the mother of two minor children enrolled at St. Paul Catholic School, sued the School on behalf of her children. The School had separated the children and the mother moved for a temporary restraining order ("TRO") requesting that the children be allowed to continue...

Student's Premises Liability Claim Against School Fails Where Student Cannot Show That School Either Created or Had Actual or Constructive Notice of the Defective or Dangerous Condition

Fri, 10 May 2013 12:00 AM PST

Sean Donnelly was an eleven year old student enrolled at St. Agnes Cathedral School when he was injured by a fire door that closed on the fingertips of his right hand. Donnelly and his mother sued the School based upon premises liability and negligent supervision. The School filed a m...

Proposed Legislation Would Amend the Statute of Limitations for Filing Claims of Sexual Abuse Against Private Schools

Fri, 10 May 2013 12:00 AM PST

Senate Bill number 131 proposes to amend the current statute of limitations for bringing a claim of sexual abuse against California private schools. Currently, plaintiffs must file a claim against any defendant, including public or private schools, prior to the victim's 26th birthday or wit...

Terminated University Employee's Age Discrimination Claim Fails Where Employee Was Not Replaced by Younger Employee

Fri, 10 May 2013 12:00 AM PST

In 2000, the University of Pennsylvania offered Andrzej Ptasznik a three-year position as a Research Assistant Professor of Medicine in the University's School of medicine. His salary was derived from funds of Ptasznik's mentor, Dr. Alan Gewirtz. At the end of his three-year term, he ...

Laid Off Employee's Retaliation and Breach of Contract Claims Fail Where University Was Able to Offer Ample Evidence of Reasons Justifying Elimination of Position

Fri, 10 May 2013 12:00 AM PST

Francine Moccio was employed as a Senior Extension Associate at Cornell University's School of Industrial and Labor Relations when she was terminated as part of a workforce reduction caused of budgetary restraints. Moccio's entire team of eight employees were eliminated. Moccio sued t...

Employee of Japanese Ancestry Was Not Entitled to Introduce Evidence that Supervisor Allegedly Discriminated Against Non-Asian or Non-Japanese Employees

Fri, 10 May 2013 12:00 AM PST

Kenneth Hatai, an employee of Japanese ancestry, worked as a Senior Traffic Engineer for the CalTrans Office of Traffic Investigations (OTI). Hatai reported to Sameer Haddadeen. In June, 2007, Hatai and six other employees sent a letter to the District Director, asserting that Haddade...

Co-Worker's Sexual Comments Did Not Create Hostile Work Environment, But Employee's Termination Following Her Complaints May Constitute Unlawful Retaliation

Fri, 10 May 2013 12:00 AM PST

In February, 2008, Jennifer Westendorf began working for West Coast Contractors as a project manager assistant. She reported to Project Manager Dan Joslyn. Once, Mr. Joslyn called Westendorf's duties "girly work" and then quickly apologized. Westendorf did not report the comment...

California Court of Appeal Affirms Summary Judgment in Housing Authority's Favor

Fri, 10 May 2013 12:00 AM PST

In a case, handled by Suzanne Solomon and Grace Chan of our San Francisco office, the California Court of Appeal affirmed the trial court's grant of summary judgment in favor of a Housing Authority that was sued for harassment. The Housing Authority employed the individual cla...

Ninth Circuit Holds that Plaintiff Failed to Demonstrate Retaliation

Fri, 10 May 2013 12:00 AM PST

In a case handled by Joung Yim of our Los Angeles office, the Court of Appeals for the Ninth Circuit recently affirmed a jury's finding that an employee failed to demonstrate that her employer, a City, retaliated against her.

The employee sued the City for allegedly retaliat...

Warehouse Workers Required to Wait 25 Minutes for Security Clearance Stated Plausible FLSA Violation

Fri, 10 May 2013 12:00 AM PST

Integrity Staffing Solutions, Inc., a company that provides warehouse space and staffing to clients such as Amazon.com, employed Jesse Busk and Laurie Castro. Busk and Castro worked as hourly employees at warehouses in Nevada, filling orders placed by Amazon.com customers.

In...

Probation Officer's Psychiatric Injury Potentially Barred By Personnel Action Defense Because Injuries Were Substantially Caused By an Internal Affairs Investigation

Fri, 10 May 2013 12:00 AM PST

In 2007, Michael Brooks began working at the County of Sacramento's juvenile hall as a supervising probation officer. Brooks supervised the Security Emergency Response Team (SERT). Brooks felt that the officers in the SERT team resisted and undermined his authority. In November ...

Student Who Failed Terms of Conditional Readmission Could Not Proceed with Breach of Contract Claim Against University

Wed, 10 Apr 2013 12:00 AM PST

Darrell Morris enrolled in the Yale University School of Medicine in the fall of 2000. The medical school handbook stated that medical students had to take and pass step one of the United States Medical Licensing Examination ("USMLE") and were given three opportunities to pass. The ha...

Students' Breach of Contract Claim Fails Where Student Filed Lawsuit Before University Had Completed Disciplinary Procedure

Wed, 10 Apr 2013 12:00 AM PST

Two seniors at Duke University, who had completed all prerequisites for graduation and lived in off-campus housing, were cited for violating the local city noise ordinance after hosting a party. The University initiated an investigation into their conduct, pursuant to the University's disci...

U.S. Department of Justice Enters into Settlement with Preschool Program to Resolve Complaint That Program Violated the Americans with Disabilities Act When it Refused Admission to Student with Down Syndrome

Wed, 10 Apr 2013 12:00 AM PST

The U.S. Department of Justice has entered into a settlement agreement with Apple Tree Children's Center, a nonprofit preschool program, to resolve a complaint alleging violations of Title III of the Americans with Disabilities Act ("ADA"). In March 2011, Apple Tree notified a family that i...

Arbitration Provision That Was Part of Employee Handbook Unenforceable Where School Stated in Handbook That Policies Could Be Revised at Any Time at Discretion of the School

Wed, 10 Apr 2013 12:00 AM PST

Victoria Domenichetti had been working at the Salter School since 2011 when she informed the human resources department that she was pregnant. She requested information about the School's maternity leave policies and, on June 13, 2012, she submitted her FMLA paperwork to request time off to...

Professor's Discrimination Claim Fails Where Professor Could Not Establish Any Nexus Between Protected Classifications and College's Decision Not to Renew Contract

Wed, 10 Apr 2013 12:00 AM PST

La Roche College hired Dr. Flora Mosaka-Wright as its Associate Dean for International Programs in 2000. In 2002, the College eliminated, for financial reasons, Mosaka-Wright's position, along with 23 other positions. The College offered Mosaka-Wright another position as a Visiting As...