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An overlooked defense in faculty First Amendment academic freedom and other cases

CATEGORY: Authored Articles
CLIENT TYPE: Public Employers
PUBLICATION: Reuters/Westlaw Today
DATE: Jan 24, 2025

Recently published in Reuters and Westlaw Today, LCW Partner Mark Meyerhoff and Senior Counsel David Urban explore the doctrine of claim preclusion as a defense in lawsuits filed by faculty challenging their termination, particularly in cases involving academic freedom claims under the First Amendment. Meyerhoff and Urban explain how administrative hearings can serve as a critical defense, potentially barring subsequent litigation if the issues have already been adjudicated. They provide a hypothetical example illustrating how a faculty member’s lawsuit, claiming a violation of academic freedom, could be dismissed based on claim preclusion if the administrative process met fairness standards. Meyerhoff and Urban emphasize the importance of understanding this defense for public colleges and universities, advising institutions to leverage administrative hearings as a strategic tool to minimize the risk of costly litigation.

To access the full article, please click the following link: https://today.westlaw.com/Document/I8e4a6656d7f311ef9414a3339bb4cd91/View/FullText.html?transitionType=SearchItem&contextData=(sc.Search)

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