California Business Litigation Blog

The American Diabetes Association and the California Department of Education have settled a lawsuit that reinforces laws to protect diabetic students. In the settlement the students must have access on their campus to diabetes-related services, such as blood testing and insulin injections.

If a school nurse or family member is unavailable, then a volunteer can be trained to administer the insulin injection. A shortage of California school nurses and liability concerns about training non medical staff could stall the effects of the settlement.

According to a recent article in the Press Enterprise, “… the California School Nurses Organization sent a letter advising school nurses to seek guidance from district lawyers before proceeding. Executive Director Nancy Spradling said nurses were concerned about losing their licenses should they train non-medical staff.”

The Disability Rights Education and Defense Fund reports that the settlement includes the following provisions:
• Districts cannot centralize diabetes-related services at one school. They must be
available at every school.
• Districts must identify and evaluate diabetic students.
• Financial burden is no defense for not providing services.
• If no school nurse or authorized personnel is available, a volunteer with adequate
training can administer insulin.

The question remains: Will the California School Nurses Organization assist in the implementation of this settlement of choose another path?

Posted by Richard Oppenheim | Permalink | Email This Post

Posted In: Education

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Corinthian Schools Inc. and Titan Schools Inc., subsidiaries of Santa Ana-based Corinthian Colleges Inc have reached a settlement with California Attorney General Jerry Brown to refund $4.3 million to former students, and pay $1.5 million for student debt cancellation. Additionally, Corinthian will pay $700,000 in civil penalties.

According to Hoovers.com (a D&B company), Corinthian had sales of $966.7 Million with net income of $41.5 Million in 2006. Their website states that they have 94 schools in 24 states with 65,000 students.

Corinthian is also required to cease offering 11 courses for 18 months, including the Pharmacy Technician program in Anaheim.

Here is Corinthian’s statement: "We disagree with the Attorney General's conclusions, but we are pleased to have this matter behind us. The agreement is not evidence of wrongdoing, and the company specifically denied any wrongdoing as part of the settlement. We are fully committed to providing quality education and job placement services for students and to being in compliance with state law and regulation."

Sometimes, it can be better to create a settlement which will allow your company to just get back to business. Would prolonged litigation have brought about a better result for Corinthian? We’ll never know. And considering that $6.5 Million is equal to about 2 months of Corinthian’s 2006 profit, this settlement was likely to be the best scenario in that it allows the school to focus on its business which can easily accommodate this “bump in the road.”

Trying to operate a business embroiled in litigation is like trying to play tennis in handcuffs. You may win a few points but you’re likely to lose the match.

Read more about the Value of Time and the true cost of business litigation.

Posted by Richard Oppenheim | Permalink | Email This Post

Posted In: Business Litigation , Education

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In Madden vs. Del Taco, Patrick Madden claimed he fell from his wheelchair and was injured when he attempted to pass a concrete trash barrel on a ramp leading to an entrance to a Del Taco restaurant. The obstruction had forced him to navigate his wheelchair to enter the restaurant. Unfortunately, the walkway was too narrow with the addition of the trash barrel and Plaintiff’s wheelchair went off the curb. Madden fell over and out of the chair, injuring himself as a result. Del Taco moved for summary judgment and, in so doing, claimed that the trash barrel was merely a temporary obstruction which was moved to a wider portion of the ramp immediately following the incident. In addition, the store had another entrance which presented no obstructions. Based upon this showing, the trial court granted summary judgment in favor of Del Taco.

The Court of Appeal reversed. It found the presence of the trash container to be a prima facie violation of the Americans with Disabilities Act (ADA) which provides that no individual may be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation. Such a violation was also a violation of the Unruh Act (Civil Code § 54) which guarantees individuals with disabilities to have the same right as the general public to the full and free use of public places.

The Court of Appeal observed the requirements of ADA extend beyond the initial construction or alterations of existing structures. Indeed, it imposes a duty to remove any barrier to access, where removal is readily achievable. The ADA does not make any distinction between temporary or permanent obstructions to access hence, the placement of a concrete trash barrel, even if temporary, is a prima facie violation of ADA and the Unruh Act where a disabled person is hindered in his or her access to the premises.

Continue reading "As Del Taco and Other Public Establishments Have Learned Obstructions, Even Temporary Ones May Give Rise to ADA and Unruh Act Liabliity" »

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Posted In: Education , Employment Law , Real Estate

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Rebekah Rice sought damages after being disciplined, then ridiculed, for using the phrase "that's so gay" at Maria Carillo High School in Santa Rosa. Superior Court Judge Elaine Rushing ruled that school administrators did not single Rebekah Rice out for punishment, nor did they break any laws when they disciplined her for using the phrase "that's so gay" in response to students who were teasing her about her Mormon upbringing.

Superior Court Judge Elaine Rushing: "All of us have probably felt at some time that we were unfairly punished by a callous teacher, or picked on and teased by boorish and uncaring bullies. Unfortunately, this is part of what teenagers endure in becoming adults. The law, with all its majesty and might, is simply too crude and imprecise an instrument to satisfactorily soothe deeply hurt feelings."

Additionally, Judge Rushing also rejected the claim that the school refused to protect Rebekah from teasing about her Mormon religion. In an unusual move, Judge Rushing admonished the family for aggravating Rebekah’s situation, stating "If the Rice family had not told everyone that Rebekah had been given a referral for saying 'That's so gay' then no one else would have know it either, and she would not have been referred to as the 'That's so gay girl.'"

It’s good to see the judiciary rule in favor of the rules and laws which California school districts must follow. It is outstanding to see a judge hold parents accountable for exacerbating a minor school discipline issue and escalating it to a lawsuit.

As a law firm that deals in school district litigation and lawsuits regularly, this was truly a notable ruling.

Continue reading "California Student Loses “That’s So Gay” Lawsuit" »

Posted by Richard Oppenheim | Permalink | Email This Post

Posted In: Education

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