home

New Cases and Developments

NACUA's Legal Resources staff summarizes current higher education cases and developments and provides the full text of selected cases to members. New cases and developments are archived here for up to 12 months.  Cases provided by Fastcase, Inc.

Dates
New Search
Foundations & Affiliated Entities; Contract Administration; Practice of Higher Education Law; Governance; Disability Discrimination; Discrimination, Accommodation, & Diversity

Huffman v. University Medical Center Management Corp., et al. (E.D. La. Oct. 31, 2017)

Order and Reasons denying Defendant’s Motion to Dismiss. Plaintiff, a deaf individual who communicates primarily in American Sign Language, alleged that Defendants’ failure to provide her an interpreter while she was admitted to University Medical Center, a full-service hospital owned by Defendant Louisiana State University (LSU) but operated by a private entity through a Cooperative Endeavor Agreement, resulted in her receiving substandard medical treatment in violation of Section 504 of the Rehabilitation Act, the Affordable Care Act, and the American Disabilities Act. The issue before the court was whether LSU’s contract with Defendant Louisiana Children’s Medical Center (LCMC) and Defendant University Medical Center Management Corporation (UMCMC), to provide medical services that LSU was authorized to provide, qualified as a “service, program, or activity” of LSU. The court found that Plaintiff had alleged sufficient facts to proceed and in its reasoning, adopted 5th Circuit precedent and regulatory guidance that imputed liability to state entities when they have contracted with a private entity to provide services and the private entity denies a person services because of a disability.

11/3/2017
read
Freedom of Information & Public Record Laws; Practice of Higher Education Law; Foundations & Affiliated Entities; Governance

Chicago Tribute v. College of Du Page (Ill. App. May 9, 2017)

Opinion affirming the lower court’s judgment, dismissing Plaintiff’s cross appeal, and remanding the case for further proceedings. The Chicago Tribune brought suit against the College of Du Page, a public institution, and the College of Du Page Foundation pursuant to the Illinois Freedom of Information Act (FOIA), seeking disclosure of a federal grand jury subpoena that had been served on the Foundation. The College responded that it did not have any documents responsive to the request, and the Foundation responded that, as a private nonprofit entity, it was not subject to FOIA. The Tribune filed a Complaint and Defendants moved for summary judgment. The circuit court ruled that the Foundation was not a subsidiary public body due to its formal legal nature and the College's lack of direct control over the Foundation Board, but ultimately granted summary judgment in the Tribune’s favor after concluding that the subpoena was a public record in the Foundation's possession, was obtained while the Foundation was performing a governmental function on behalf of the College, and related directly to that governmental function. On appeal by both the Tribune and Defendants, the appeals court affirmed.  

5/10/2017
read
Foundations & Affiliated Entities

Settlement Agreement between Baylor University and Baylor University Alumni Association

Settlement agreement entered into by Baylor University and the Baylor University Alumni Association (BAA) on a dispute arising from the alumni group's use of Baylor University's name and trademark. Under the settlement agreement, the University will continue to operate its own alumni group, the Baylor Alumni Network; the Baylor Alumni Association may continue to publish its magazine under its new name; and the Baylor Board of Regents will include three alumni-elected positions. Baylor University released a statement on the settlement.

3/9/2016
read