News & Analysis as of

Universities Appeals

Venable LLP

Seventh Circuit Reverses Eligibility Win for NCAA Athlete Nyzier Fourqurean

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In a major victory for the NCAA, the U.S. Court of Appeals for the Seventh Circuit has reversed a district court's preliminary injunction giving University of Wisconsin defensive back Nyzier Fourqurean another year of...more

Kaufman & Canoles

A “Deep Dive” on the House Settlement

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The House Settlement has arrived. Colleges, universities, and athletes are all scrambling to make sense of the settlement, figure out what it means for them, and position themselves to maximize their opportunities in the next...more

Littler

First Circuit Finds University Police Sergeants and Sergeant Detectives are “Supervisors” Under the National Labor Relations Act

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On May 23, 2025, the First Circuit Court of Appeals reversed the National Labor Relations Board’s 2024 decision that police sergeants and sergeant detectives in Northeastern University’s police department were statutory...more

Seyfarth Shaw LLP

In the Zone: Third Circuit Expands Title IX’s “Zone of Interests”

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On May 29, 2025, the U.S. Court of Appeals for the Third Circuit held in Oldham v. Pennsylvania State Univ., No. 22-2056 (3d Cir. May 29, 2025) that Title IX may allow for claims by non-students and non-employees. In the...more

Clark Hill PLC

In the Zone: Third Circuit Clarifies Reach of Title IX

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On May 29, 2025, in Oldham v. Pa. State University, the Third Circuit Court of Appeals held that the “zone of interest” test applies to Title IX claims. See No. 22-2056, 2025 WL 1524452 (3d Cir. 2025). The plaintiff, Jennifer...more

Cooley LLP

Trump’s Initiative to Revoke Harvard’s Tax-Exempt Status: Implications for Higher Education

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President Donald Trump has repeatedly threatened to strip the tax-exempt status from colleges and universities. Most recently, on May 2, Trump announced in a social media post, “We are going to be taking away Harvard’s Tax...more

Steptoe & Johnson PLLC

Can the IRS Revoke a University's Tax-Exempt Status Overnight?

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As a result of President Trump’s recent social media posts regarding Harvard University’s tax-exempt status, some institutions of higher education (IHE) have expressed concerns over whether the Internal Revenue Service (IRS)...more

Quarles & Brady LLP

Prominent Jurist Issues Resounding Statement Supporting University Self-Determination Over Academic and Pedagogical Affairs

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Judge Easterbrook of the Seventh Circuit, one of the most prominent jurists in the country, recently issued a resounding endorsement of universities’ right to determine their own academic affairs. His opinion will have its...more

Clark Hill PLC

Court Upholds Almost $2 Million In Jury Award To Male Coach On Defamation Claim Against Student Who Spread False Rumors Of Sexual...

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After a male university student told his mother and girlfriend that a male coach was rumored to be having sex with one of his female players, the mother reported the rumor to the university. The university conducted a Title...more

Stinson LLP

Penn State Victory Maintains Uneasy Status Quo in Sports Merchandising Industry

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Most major universities have developed extremely lucrative business empires by exploiting the use of their trademarks and trade dress on apparel and merchandise, among other things. They have done so on the theory that the...more

Parker Poe Adams & Bernstein LLP

Prompt Response to Alleged Student Harassment Helps Defeat Title IX and Related Claims

Earlier this month, the Eleventh Circuit Court of Appeals (which includes Georgia) affirmed the dismissal of Title IX and Section 1983 claims filed by volleyball players against the University of South Alabama and its...more

Clark Hill PLC

Fourth Circuit Establishes Right to Cross-Examination in University Disciplinary Proceedings

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In a lawsuit against the University of North Carolina and officials by a male student who was expelled and lost his scholarship after being found responsible for sexual misconduct against female classmates, the Fourth Circuit...more

Carlton Fields

Florida Appeals Court Decisions Week of April 7 - 11, 2025

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U.S. Eleventh Circuit Court of Appeals - Bilotti v. Fla DOC - postconviction relief - DeMarcus v. Univ of S Ala - Title IX, § 1983, volleyball coach, mistreatment - Joseph v. Bd of Regents Univ Ga - en banc denial,...more

Eversheds Sutherland (US) LLP

Film Room: NIL regulation and challenges to eligibility rules

In this week’s Film Room, we contextualize news regarding potential future NIL regulation and flag developing legal challenges to eligibility rules. NIL Regulation and Enforcement The proposed House settlement includes...more

Clark Hill PLC

Balancing the Scales: Court Awards Limited Attorney Fees in Lengthy Title IX Due Process Case

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In this long-running suit against the University of Michigan by a male student accused of sexual assault in 2018, the Court awarded plaintiff $65,067.55 in attorney fees (out of $210,558.15 requested) and $3,982.37 in costs....more

TNG Consulting

It Appears the 2024 Title IX Regulations Are Done

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An ATIXA Tip of the Week - Today, a federal district court in Kentucky issued a ruling in Tennessee vs. Cardona, one of the several lawsuits against the 2024 Title IX Regulations. This particular lawsuit was filed in the...more

Steptoe & Johnson PLLC

"Amateurism" Eroding: The Third Circuit Opens the Door to Employee Status for College Athletes Under the FLSA

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On July 11, 2024, the U.S. Court of Appeals for the Third Circuit held in Johnson v. NCAA, No. 22-1223, (3d Cir. July 11, 2024) that college athletes may be considered employees under the Fair Labor Standards Act (FLSA)....more

Miller Canfield

U.S. Court of Appeals for the Sixth Circuit Rejects Congress’s Abrogation of Immunity for Lawsuits Against States for ADA...

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The U.S. Court of Appeals for the Sixth Circuit has ruled that the waiver of a State's immunity under Title V of the Americans with Disabilities Act (ADA) is unconstitutional. This ruling permits a State to defend a Title V...more

Holland & Knight LLP

Important Developments in Nationwide COVID-19 Tuition Refund Class Actions

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Four years after the start of the COVID-19 pandemic, tuition refund class actions against universities have not slowed down. This Holland & Knight alert considers two recent court cases that will impact litigation strategy...more

Bricker Graydon LLP

[Webinar] Level 1: Annual Clery Training and Intro to Title IX Basics (Higher Education) - April 2nd - 3rd, 2:00 pm - 5:00 pm ET

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Join Bricker Graydon Higher Education attorney, Melissa Carleton for a virtual 2-day, Level 1: Annual Clery Training and Intro to Title IX Basics. Attendees will need to attend both days to be fully compliant. This training...more

Bricker Graydon LLP

[Webinar] Level 2: Title IX Appeals Officer Training (Higher Education Title IX Series) - February 19th - 20th, 2:00 pm - 5:00 pm...

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Bricker Graydon’s Higher Education Team is pleased to announce a Winter 2024 series of Title IX trainings, all available virtually via webinar. All training events use discussions of hypothetical situations to encourage...more

Verrill

Connecticut Supreme Court Opinion Sheds Light on Quasi-Judicial Standard in Context of University Disciplinary Proceeding

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Recently, the Connecticut Supreme Court analyzed the availability of absolute immunity for participants in quasi-judicial proceedings, specifically in relation to the dismissal of a complaint by a Yale University student...more

Spilman Thomas & Battle, PLLC

SCOTUS, First Amendment and University of Alabama

Rodney Keister was challenging the University of Alabama’s grounds use policy, which requires individuals to obtain a permit before speaking publicly on campus. In his arguments, Keister asserted that the space he was using...more

Health Care Compliance Association (HCCA)

PETA Continues Push for U. of Washington IACUC Names, UMass Documents, Vows More Legal Actions

A legal fight with People for the Ethical Treatment of Animals (PETA) over the release of documents—including the names of institutional animal care and use committee (IACUC) members—has already cost the University of...more

Bricker Graydon LLP

[Ongoing Program] Level 2: Higher education Title IX appeals officer training - April 25th - 26th, 9:00 am - 12:00 pm EST

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Title IX Regulations Training (Higher Education) - Bricker & Eckler’s higher ed team is pleased to announce a series of Title IX trainings, all available via online webcast. All training events use discussions of...more

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