In yet another move toward greater and more stringent scrutiny, the Third Circuit recently held in a series of cases that an attorney fee request by a prevailing party can be so out of proportion to the claims pursued to merit a reduction or in some instances, so outrageous that a reviewing court is entitled to reject the entire request and award nothing at all. Many civil rights laws and other … [Read more...] about Courts Move Toward Reduction Or Rejection In Attorney Fee Cases
School Law Bullet
Rare Federal Court Review of A Manifestation Determination Reminds School Teams to Make an Individualized Determination
In a rare review of a manifestation determination under the IDEA, a federal court reminded school entities and parents of the need to look to the specific student’s disability and how it presents, rather than a generalized notion of the disability in question. In the case of J.H. v. Rose Tree Media School District, No. 17-4766 (E.D.Pa. Sept. 17, 2018), the Court agreed with the school’s finding … [Read more...] about Rare Federal Court Review of A Manifestation Determination Reminds School Teams to Make an Individualized Determination
Don’t Turn Buddy the Dog Away – Recent Third Circuit Case Reminds Schools of Obligations to Accommodate Service Animals
In the case of Berardelli v. Allied Services Institute of Rehabilitation Medicine, No. 17-1469 (3d Cir., Aug. 14, 2018), the Third Circuit Court of Appeals reminded school entities of their obligations to accommodate service animals and that there is a very limited number of reasons why a school can say no to such requests. The case involved a student’s service dog named Buddy, who, according to … [Read more...] about Don’t Turn Buddy the Dog Away – Recent Third Circuit Case Reminds Schools of Obligations to Accommodate Service Animals
Supreme Court Clarifies Meaning of “Operation” Regarding Immunity for Operation of Municipal Vehicles
In a recent case sure to change the nature of municipal liability, the Supreme Court of Pennsylvania overturned thirty (30) years of precedent and rulings in redefining the meaning of the word “operation” under the Vehicle Liability Immunity Exception of the Pennsylvania Political Subdivision Tort Claims Act (PTSCA) otherwise known as the Tort Claims Act. This decision will have an impact for … [Read more...] about Supreme Court Clarifies Meaning of “Operation” Regarding Immunity for Operation of Municipal Vehicles
Third Circuit Court Stalls Backdoor Attack on Transgender Bathroom Access
In Doe v. Boyertown Area School District, four high school students filed a lawsuit and sought a preliminary injunction to halt their school’s policy of permitting students to use bathroom and locker room facilities that align with their gender identity. The students brought three claims, arguing that the policy constituted a violation of their constitutional right to privacy, a violation of Title … [Read more...] about Third Circuit Court Stalls Backdoor Attack on Transgender Bathroom Access
And In Other News… Legislature Looks at Lunch Shaming, Furloughs and Keystone Requirement
Recent amendments to the Public School Code indicate a particular focus on school safety and security (See SLB 233, “Legislature Makes Common Sense Clarifications to Sunshine Law in Respect to School Safety”), however, there are a number of other important updates of which schools should be aware. This includes clarifications to lunch shaming and furlough provisions that were added to the School … [Read more...] about And In Other News… Legislature Looks at Lunch Shaming, Furloughs and Keystone Requirement
