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Business Law, For Fun and Failure
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6. Sexual Harassment in Athletics ProgramsHostile environment sexual harassment claims involving allegations of inappropriate relationships between athletics personnel and student-athletes continue to plague schools and fracture communities across the country. A closely related issue is the failure by school officials in many instances of alleged sexual harassment of student-athletes who are minors to follow the requirements of state child abuse reporting laws regarding mandatory reports to law enforcement or child protective services agencies.
5. Hazing in Athletics ProgramsHazing continues to be a widespread problem in school athletics programs and one of the most highly litigated claims against districts and athletics personnel, with courts typically imposing liability either because of the failure to create an anti-hazing policy or for developing a policy that is substantively inadequate or ineffectively implemented.
Since the beginning of 2014, more than 150 incidents of alleged hazing in school athletics programs have been reported by national media, including many involving physical abuse or sexual assaults resulting in criminal prosecution of the direct perpetrators for felony assault or sex crimes, some involving prosecution of school personnel for failure to report child abuse, and almost all leading to civil suits. Using the same standard employed in sexual harassment cases, courts have tended to find school and athletics personnel vicariously liable in those situations where the official had knowledge that hazing was occurring and exhibited deliberate indifference to immediately correcting the situation.
2. Liability for Sports Injuries and the Duties of Athletics PersonnelSince the mid-1990s, hundreds of civil suits per year have been filed by injured student-athletes against schools, administrators and athletics personnel, most asserting a negligent failure to exercise reasonable care to safeguard the health and well-being of the athlete. Out of these cases has emerged an extensive body of law focusing on the need for athletics personnel to understand the legal responsibilities imposed on them with regard to student-athletes, including the duties of planning, supervision, technique instruction, warnings, safe playing environment, safe equipment, matching and equating athletes, evaluation of injuries, return-to-action protocols, immediate medical response, emergency medical response planning, safe transportation, and other categories of responsibilities intended to protect athletes from injury.
Lee Green is an attorney and a professor at Baker University in Baldwin City, Kansas, where he teaches courses in sports law, business law and constitutional law. He is a member of the High School Today Publications Committee. He may be contacted at Lee.Green@BakerU.Edu.
Another influential California Governor, Brown failed the California bar exam on his first attempt. Despite this failure, he went on to have an influential career as a public servant, serving as the 34th and 39th Governor of California, the California Attorney General, and the mayor of Oakland.
While not nearly as famous as the others on this list, Kevin Callahan does offer a great example of perseverance in the face of failure. He failed the bar not once, not twice, but 10 times! He finally passed the Massachusetts bar exam on his 11th attempt and runs his own private practice.
Your small business is being sued. Now what? Lawsuits can be filed by employees, clients, vendors or even other businesses, but no matter who filed it, or if you win or lose, a lawsuit against your company can cost you a lot of money. We spoke with legal, human resources and insurance experts to compile a step-by-step guide to help you through your lawsuit, as well as a list of missteps you should avoid.
When you receive the lawsuit papers, the first thing you should do is review them carefully with an experienced business lawyer. Braden Perry, a partner and attorney with business and litigation law firm Kennyhertz Perry, advised checking the caption and service information on the lawsuit to ensure it contains the proper entity or person associated with the issues.
A variety of business insurance policies exist to cover companies in the event of a lawsuit. Ted Devine, CEO of executive management consulting firm 771 Advisors, said third-party injury claims and accusations of defamatory remarks about a competitor are typically covered by general liability insurance. Client allegations that your work caused them a financial loss are often covered by a professional liability policy. Suits from employees may be covered by employment practices liability insurance or employers liability insurance. [Learn how to choose small business insurance.]
A general liability policy may indeed cover certain types of lawsuits, but do not assume this is the case. Turner said business owners should consult with their insurance providers to confirm whether the lawsuit is covered, as the specific circumstances of the suit may exclude it from the policy.
Premises liability lawsuits are filed when someone is seriously injured or killed, usually by a third party, at a business location. This could be due to factors such as a lack of locks and/or security cameras, untrimmed bushes, or no or poor lighting.
If your company car is involved in an accident, especially if the vehicle is driven by one of your employees, your business can be held liable. However, this could be resolved through commercial auto insurance instead of litigation.
There are laws against employee discrimination on the basis of protected categories, including disability, race, age, gender, sexual orientation, pregnancy status and religion. If a case is brought against your business alleging any of these forms of discrimination, you could be heading to court. [Make sure your business is in compliance with ADA regulations.]
Small business owners who are sued often reach settlements through their insurance companies, said Tina Willis, an attorney at Tina Willis Law. This is when the plaintiff, the party who filed the civil lawsuit, agrees to accept a smaller sum of money than they could recover in a jury trial. A business owner may settle a business lawsuit to avoid the risk that a jury could award financial damages exceeding the insurance coverage amount. Settlements frequently happen in class-action lawsuits, in which an entire class of people sues a business, often in federal court. Class-action lawsuits can be brought against business owner defendants in employee lawsuits or even for breach of contract in civil lawsuits.
Willis said plaintiffs can file lawsuits in several court types, including small claims courts, in which monetary damages are capped at relatively small amounts depending on the state; state courts; and federal courts. Federal lawsuits are among the most expensive for business owner defendants because federal lawsuits, and procedural and evidence rules in court, are more complex and time-consuming (for the lawyer) than civil suits in state court.
Sometimes, people may threaten to sue your business as leverage to obtain their desired outcome in a dispute. In some cases, it is legitimate, and in others, it is not. Janice Wald, a blogger and blogging coach, ran into the threat of a lawsuit related to the content of her blog posts.
This year's examination related to an expulsion of members in a member-managed limited liability company (LLC). The facts were based on an interesting Tennessee case with which many LLC aficionados are no doubt familiar: Anderson v. Wilder. The exam questions related to the validity and effects of the expulsion under the Revised Uniform Limited Liability Company Act and the LLC's operating agreement, the potential breaches of fiduciary duty and failure to comply with the contractual obligation of good faith and fair dealing, and the possible resulting causes of action and remedies--including any effects of the members' dissociation.
As an aside, I will note that the reactions of the students to past group oral midterm examinations has been overwhelmingly positive. Some characterize it as the most practical experience they had in law school (or at least in a doctrinal law school course). All say that it helped them to see how they could use the legal doctrine to help people--rules that formerly were just rules became tools they could wield to assist others in vindicating their rights or engaging in productive business transactions. Many note that they gained a deeper appreciation for business law, and some of these new business law fans changed their career plans to focus more on business law. I invite students to set up appointments with me to discuss career options, and a few actually do that. 2ff7e9595c
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