Wayne Melnick and Bill Buechner recently won an appeal in the United States Court of Appeals for the Eleventh Circuit in sex discrimination claims under Section 1983 and Title IX arising out of a school…
Wayne Melnick and Bill Buechner recently won an appeal in the United States Court of Appeals for the Eleventh Circuit in sex discrimination claims under Section 1983 and Title IX arising out of a school expulsion decision. The case involved a female student and male student who met after school and had sexual activity. The female student claimed that the encounter was not consensual and that the male student had put his hands around her neck. Based on reports from other administrators and counselors regarding their investigation, and upon viewing surveillance video, the principal concluded that the encounter was consensual. Ultimately, the principal recommended the female student for expulsion for a year, and a disciplinary tribunal agreed (the male student waived his rights to a tribunal).
The Eleventh Circuit upheld the lower court’s grant of summary judgment, holding that the school conducted a reasonable investigation and the plaintiff could not meet the constitutional requirement that the principal acted with deliberate indifference. The Eleventh Circuit also held that the plaintiff failed to show that she was subjected to pervasive harassment and upheld dismissal of the Title IX claim. A.P. v. Fayette County School District, 2023 WL 4174070 (11th Cir. June 26, 2023).
Eleventh Circuit Affirms Dismissal in Landmark ADA Emotional Distress Case
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Florida Court of Appeals Reverses Lower Court and Enforces Engagement Agreement
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Commonwealth Court of Pennsylvania Affirms Decision Regarding Statute of Repose
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Victory in Georgia Court of Appeals to Enforce Arbitration Clause Property Dispute
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Eleventh Circuit Appeal, Secures Qualified Immunity for Georgia Officers
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Fifth Circuit Court of Appeals Sides with FMG Client in Section 1983 Win
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Dismissal in Georgia Appeal Regarding Municipal Ante Litem Notice
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Interlocutory Appeal of a Legal Malpractice Claim Denied in Massachusetts
Will Covino and Allison Eddy prevailed in obtaining the dismissal of a myriad of legal malpractice and conspiracy-based claims asserted against an attorney who purportedly facilitated an oral loan agreement designed to defraud judgment creditors.…