CASE LAW UPDATE The following Case Law Update summarizes a recent important case.  It is provide to help clients stay up-to-date on recent case law developments in education law. For further information, please contact Patrick Sturdy. Lansing Community College Chapter of Michigan Association for Higher Education v. Lansing Community College Board of Trustees January 21, 2016;  2016 WL 300954 This case concerns the applicability of the Michigan Uniform Arbitration Act […]

CASE LAW UPDATE The following Case Law Update summarizes a recent important case.  It is provide to help clients stay up-to-date on recent case law developments in education law. For further information, please contact Patrick Sturdy. Cass v. Michigan State University and Coalition of Labor Organization at MSU (February 18, 2016; 2016 WL 683145) This was a breach of contract action between plaintiff Cass, a former employee and member of […]

CASE LAW UPDATE Dyshawn Pierre v. University of Dayton (2015 WL 6125303, United States District Court, S.D. Ohio, Western Division) October 19, 2015 In this case, the student Plaintiff claimed that his rights under Title IX and the Americans with Disabilities Act (ADA) were violated. The Plaintiff requested a temporary restraining order to prevent his one semester suspension from the University from taking effect. The Plaintiff further sought to vacate […]

Stolle v. Kent State University 610 Fed. Appx. 476, United States Court of Appeals, 6th Circuit, May 1, 2015 Dr. Ronald Stolle, a non-tenure track faculty instructor in the Department of Finance for Kent State University (KSU) sued the College and several administrators alleging retaliation for exercising his First Amendment Rights. The facts of the case show that on January 8, 2011, Dr. Stolle wrote a three page letter to […]

CASE LAW UPDATE Silk v. Board of Trustees, Moraine Valley Community College 795 F.3d 678 (July 30, 2015) Mr. Silk was an adjunct professor at the College and he began working there in 1986. As an adjunct professor he was non-tenured and an at-will employee. Mr. Silk’s typical teaching load included four courses during the fall and spring semester and two or three classes during the summer. In March of […]

CASE LAW UPDATE Minnis v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College 2015 WL 3941846 (June 29, 2015) Mr. Minnis, the former coach of the LSU women’s tennis team sued the University claiming Title VII and Title IX discrimination when the University failed to renew his contract in June of 2012. Minnis was hired in 1991 and was the first African-American coach of any sport […]

MICHIGAN CASE LAW UPDATE ESPN v. Michigan State University Court of Appeals Docket No. 326773 (August 18, 2015) In September of 2014, ESPN submitted a request under FOIA to the University asking it to provide ESPN with incident reports involving a list of student-athletes over a specified period of time. The University produced two sets of records but redacted the names and identifying information of the suspects, victims and witnesses. […]

MICHIGAN CASE LAW UPDATE DeMartin v. University of Michigan Regents 2015 WL 2412450 (May 19, 2015) This is a governmental immunity case where the issue is whether the public building exception applies to defeat governmental immunity. In this case, the Plaintiff and her daughter were leaving the University of Michigan Dental Clinic through an automatic door operated by a push button device. Before the Plaintiff could clear the door, it […]

MICHIGAN CASE LAW UPDATE Harris v. Mott Community College 497 Mich 903 (November 25, 2014) On November 25, 2014, the Michigan Supreme Court upheld the dismissal of a case filed by a former nursing student against Mott Community College and Nursing Program Administrators. The former student sued the College after he was dismissed from the Nursing Program due to safety violations in the clinical component of the program. The College […]

Business owners and individuals should be concerned with protecting their brand identity, which means taking active steps to protect their trademark. The best avenue of protection is Federal Registration of the business or individual’s trademark with the United States Patent and Trademark Office. The right to use a trademark does not come from Federal Registration, instead, the first business or individual to use a distinctive trademark in commerce has the […]