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Education

JD, University of Southern California, Gould School of Law

BA, University of California, Berkeley

Plaintiff v. Private School (2020) – A high school senior was suspended for violating School policies regarding the posting of harassing messages on social media. The School has a policy that requires it to report suspensions to colleges to which a disciplined student has applied.  The student’s enrollment agreement included an arbitration provision and the student’s parents sought to block the School from reporting the discipline to colleges by filing a request for emergency relief in arbitration.  The family argued the student was denied due process, the student’s speech was constitutionally protected, and that irreparable harm would result if the School communicated with the colleges to which the student has applied.  The arbitrator denied the family’s request for emergency relief based on the School’s argument that the student’s social media posts fell under the Education Code’s exclusion for speech that constitutes harassment, threats or intimidation, which is not constitutionally protected under the statute.

Private School v. Former Student (2020) – Obtained restraining order against former student at K-12 independent school who posted violent, threatening messages online, including threats against students and employees and other explicit content.

National Labor Relations Board v. Private School (2020) – Obtained dismissal of charge filed with NLRB by former teacher claiming the School engaged in unfair labor practices by terminating her for complaining about working conditions related to COVID-19 social distancing on grounds the NLRB has no jurisdiction over the case because the School is a religious institution.

Private School v. Former Student (2018) – Obtained restraining order against former student at independent school who posted violent, threatening messages online, including threats against students and employees.

Plaintiff v. Private School (2017) – Obtained judgment in arbitration on behalf of School in lawsuit by former coach/athletics manager alleging wrongful termination in violation of public policy based on complaints he had made about student and facilities safety issues and harassment and discrimination based on the employee’s age and disability.

Plaintiff v. Private School (2016) – Obtained judgment in arbitration on behalf of School in lawsuit by former teacher alleging wrongful termination in violation of public policy based on the employee’s age.

Plaintiffs v. Private School (2015) – A former student and his parents filed a lawsuit claiming the School failed to take action to address bullying and racial harassment by other students and that the School breached the enrollment agreement.  After the firm compelled the case from state court to arbitration, plaintiffs dismissed their claims outright.

Plaintiffs v. Private School (2015) – A former student and her parents alleged that the School forced the student to withdraw her enrollment.  After the firm compelled the case from state court to arbitration, plaintiffs dismissed their claims outright.

Riverside Sheriffs’ Association v. County of Riverside (2015) – Trial court denied union’s petition for writ of mandate concerning the issue of retirement benefit formulas for union members.

District Court Judge Issues Preliminary Injunction Enjoining the State from Prohibiting Mandatory Arbitration Agreements (AB 51)
02/03/2020
LCW Special Bulletin

Assembly Bill 51 (AB 51) prohibited mandatory arbitration agreements in employment.  The new law was set to take effect on January 1, 2020.  However, the California Chamber of Commerce and other business groups sued to block AB 51.  They sought to have AB 51 declared preempted by the Federal...

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