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  • In re Delaware Pub. Sch. Litig.

    Publication Date: 2024-02-12
    Practice Area: Education Law
    Industry: Education | Non-Profit | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Max B. Walton, Lisa R. Hatfield, Erica K. Sefton, Connolly Gallagher LLP, Newark, DE; Wilson B. Davis, New Castle County Law Department, New Castle, DE; Krista M. Reale, Margolis Edelstein, Wilmington, DE; Craig T. Eliassen, Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE for appellants.
    for defendant: Richard H. Morse, Community Legal Aid Society, Inc., Wilmington, DE; Dwayne Bensing, ACLU Foundation of Delaware, Inc., Wilmington, DE; Saul P. Morgenstern, Peta Gordon, Arnold & Porter Kaye Scholer LLP, New York, NY for appellees.
    Case Number: 138, 2023

    Chancery court erred in awarding fee shifting in public interest litigation where the case effectively obtained a benefit no greater than simply compelling the government to properly perform its duties.

  • Hickey v. Univ. of Pittsburgh

    Publication Date: 2023-08-21
    Practice Area: Education Law
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff: Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA; Jeffrey A. Klafter, Seth R. Lesser, Klafter Lesser, Rye Brook, NY; Eric Poulin, Poulin, Willey & Anastopoulo, Charleston, SC; Roy T. Willey, IV, Anastopoulo Law Firm, Charleston, SC; Stuart A. Carpey, Plymouth Meeting, PA; Edward W. Ciolko, Nicholas Colella, Jamisen A. Etzel, Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA for appellants.
    for defendant: James C. Martin, Colin E. Wrabley, Reed Smith, Pittsburgh, PA; Gerard A. Dever, Roberta D. Liebenberg, Fine Kaplan & Black, Philadelphia, PA; Burt M. Rublin, Ballard Spahr, Philadelphia, PA for appellees.
    Case Number: 21-2013

    College students plausibly stated breach of implied contract claim from universities' switch to online learning due to COVID-19 pandemic where marketing materials emphasized benefits of on-campus instruction from attending each university.

  • Ninivaggi v. Univ. of Delaware

    Publication Date: 2023-05-09
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Robert J. Kriner, Jr., Scott M. Tucker, Chimicles Schwartz Kriner & Donaldson-Smith LLP, Wilmington, DE; Sarah N. Westcot, Joshua D. Arisohn, Bursor & Fisher, P.A., New York, NY; Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE; Michael L. Vild, Cross & Simon, LLC, Wilmington, DE; Blake G. Abbott, Eric M. Poulin, Roy Willey, Paul Doolittle, Anastopoulo Law Firm, LLC, Charleston, SC for plaintiffs.
    for defendant: James D. Taylor, Jr., Charles E. Davis, Marisa R. De Feo, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.
    Case Number: 20-cv-1478-SB

    Motion to stay district court proceedings pending appeal of class certification denied where defendant would have an adequate remedy with continued proceedings and was unlikely to prevail in its appeal.

  • In re Delaware Pub. Sch. Litig.

    Publication Date: 2022-05-10
    Practice Area: Education Law
    Industry: Non-Profit | State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Richard H. Morse, Community Legal Aid Society, Inc., Wilmington, DE; Dwayne Bensing, ACLU Foundation of Delaware, Inc., Wilmington, DE; Saul P. Morgenstern, Peta Gordon, Arnold & Porter Kaye Scholer LLP, New York, NY for plaintiffs.
    for defendant: Mary A. Jacobson, Adam J. Singer, Nicholas J. Brannick, New Castle County Law Department, New Castle, DE; Craig T. Eliassen, Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE; Krista M. Reale, Margolis Edelstein, Wilmington, DE, attorneys for defendants.
    Case Number: D69808

    Court denied application to take interlocutory appeal from order finding plaintiffs were entitled to an award of fees and costs in suit to challenge school district taxation, where the order did not fix the amount of the award, and an interlocutory appeal risked piecemeal litigation.

  • Feng v. Univ. of Delaware

    Publication Date: 2021-02-17
    Practice Area: Education Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69295

    Foreign student's national origin discrimination claim based on full-time student status requirements to obtain a student visa failed because requirements for full-time student status applied equally to all students in the program and the requirement to maintain such status arose from federal immigration law.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • B.B. v. Delaware Coll. Preparatory Acad.

    Publication Date: 2020-02-26
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68886

    District court erred in dismissing appellant's Individuals with Disabilities Education Act complaint that sought relief solely for separate alleged violations that occurred within the applicable limitations period.

  • Feng v. Univ. of Delaware

    Publication Date: 2019-09-18
    Practice Area: Education Law
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Ambro
    Attorneys: For plaintiff: Jason J. Bach, The Bach Law Firm, LLC, Las Vegas, NV; Stephanie Denzel, Memphis, TN for appellant.
    for defendant: Selena E. Molina and James D. Taylor, Jr., Saul Ewing Arnstein & Lehr, Wilmington, DE for appellee.
    Case Number: D68704

    District court erred in dismissing national origin discrimination claim for failure to provide comparator evidence, when such a claim could be supported with other different kinds of evidence.

  • M.M. v. Red Clay Consol. Sch. Dist.

    Publication Date: 2019-05-29
    Practice Area: Contractual Disputes | Education Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Samuel L. Guy, Wilmington, DE for plaintiffs
    for defendant: Michael P. Stafford and Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
    Case Number: D68575

    School district did not breach settlement agreement with family of special needs student served by IEP by refusing to act as liaison when family wished to place student in private school when neither agreement nor statutory law required the district to serve as a liaison for a parental-placed private school student.

  • B.B. v. Delaware Coll. Preparatory Acad.

    Publication Date: 2019-03-13
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Lauren M. O'Connell Mahler, McAndrews Law Offices, P.C., Wilmington, DE; Michael E. Gehring, McAndrews Law Offices, P.C., Berwyn, PA for plaintiffs.
    for defendant: Valerie A. Dunkle, Delaware Department of Justice, Dover, DE for defendant.
    Case Number: D68486

    IDEA complaint properly dismissed pursuant to statute of limitations where filed more than two years after the date of the student's first administrative due process complaint, which asserted the same injuries as the present action.

  • Keel v. Delaware State Univ. Bd. of Tr.

    Publication Date: 2019-02-20
    Practice Area: Civil Rights | Education Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Laura Davis Jones, James I. Stang, and James E. O'Neill, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE; Alexander S. Zalkin and Ryan M. Cohen, The Zalkin Law Firm, P.C., San Diego, CA for plaintiff.
    for defendant: James D. Taylor, Jr., Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendants.
    Case Number: D68464

    Plaintiff's Title IX and equal protection claims were time-barred where her timely allegations merely amounted to continuing ill effects from the original alleged violations and were not continual unlawful affirmative acts by defendants that would support finding plaintiff's claim timely under a continuing violation theory.