Trend Continues as Federal Appellate Court Concludes University Title IX Sexual Misconduct Investigation Did Not Provide Sufficient Due Process

Johnson & Cassidy previously provided insights about a federal Sixth Circuit Court of Appeals decision that addressed the obligations of public universities and colleges during Title IX sexual misconduct investigations.[1] …

Continue Reading Trend Continues as Federal Appellate Court Concludes University Title IX Sexual Misconduct Investigation Did Not Provide Sufficient Due Process
Recent Federal Appellate Decision Highlights Risks Posed to Public Universities and Colleges from Constitutional Violations in Title IX Sexual Misconduct Investigations

The federal Sixth Circuit Court of Appeals issued a decision on February 9, 2018 that highlights the many challenges currently facing public universities and colleges’ efforts to comply with Title…

Continue Reading Recent Federal Appellate Decision Highlights Risks Posed to Public Universities and Colleges from Constitutional Violations in Title IX Sexual Misconduct Investigations
Eleventh Circuit Holds that a Fair Labor Standards Act “Opt-In” Collective Action Claim Does Not Bar Further State-Law “Opt-Out” Class Action Claims

On September 28, 2016, the Eleventh Circuit issued its decision in Calderone v. Scott, a case that had implications for Florida plaintiffs with wage claims against their employers.[1]  In Calderone,…

Continue Reading Eleventh Circuit Holds that a Fair Labor Standards Act “Opt-In” Collective Action Claim Does Not Bar Further State-Law “Opt-Out” Class Action Claims
Spreading the Secret: Early “Defend Trade Secrets Act” Decision Shows that Businesses Have the Choice of Pursuing Misappropriation of Trade Secret Claims in Either State or Federal Court

In one of the first cases filed in Florida under the new Federal Defend Trade Secrets Act (“DTSA”), a federal court relied on precedent under Florida’s own Uniform Trade Secrets…

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Eleventh Circuit Court Rules that Providing a Cell Phone Number on a Written Application or Other Form Constitutes “Prior Express Consent” Under the TCPA

If there remained a question of whether consenting in writing to be contacted on one’s cell phone constitutes “prior express consent” to receive calls at that number under the federal…

Continue Reading Eleventh Circuit Court Rules that Providing a Cell Phone Number on a Written Application or Other Form Constitutes “Prior Express Consent” Under the TCPA