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Miranda

๐Ÿ‘ค Speaker
1176 total appearances

Appearances Over Time

Podcast Appearances

Something Was Wrong
S25 Ep10: Connected Some Dots

Our firm has also filed another Title IX case on behalf of a current UCO student arising out of a sexual assault.

Something Was Wrong
S25 Ep10: Connected Some Dots

The heat has definitely been rising for UCO.

Something Was Wrong
S25 Ep10: Connected Some Dots

Unfortunately, I'm writing today to inform you of an unexpected decision by the United States Supreme Court that significantly impacts your claims.

Something Was Wrong
S25 Ep10: Connected Some Dots

Late last week, the Supreme Court ruled that damages for emotional distress are not available under four federal statutes bearing race, sex, and disability discrimination, including Title IX.

Something Was Wrong
S25 Ep10: Connected Some Dots

She's talking about like the case in which this was ruled.

Something Was Wrong
S25 Ep10: Connected Some Dots

Although the plaintiff in this case sued for disability discrimination under the Rehabilitation Act,

Something Was Wrong
S25 Ep10: Connected Some Dots

and the Affordable Care Act, the Supreme Court acknowledged that the decision applied equally to Title VI, which bars discrimination on basis of race and Title IX.

Something Was Wrong
S25 Ep10: Connected Some Dots

Reasoning that these four statutes operate as a contract between the federal government and the

Something Was Wrong
S25 Ep10: Connected Some Dots

institution receiving federal funds, the court held that the recipient of the funds can only be liable for damages generally available for breach of contract.

Something Was Wrong
S25 Ep10: Connected Some Dots

Therefore, because emotional distress damages are generally not a remedy available under contract law, the Supreme Court concluded that such damages are not available under these discrimination statutes.

Something Was Wrong
S25 Ep10: Connected Some Dots

The decision represents a radical departure for Title IX case law and has left lawyers and advocacy groups reeling.

Something Was Wrong
S25 Ep10: Connected Some Dots

For decades, courts have operated under the assumption that emotional distress damages were available under Title IX.

Something Was Wrong
S25 Ep10: Connected Some Dots

Indeed, in many cases, emotional distress damages were the only damages sought and awarded.

Something Was Wrong
S25 Ep10: Connected Some Dots

While discussions are underway to determine the best course of action to address the decision on a national level, we are concerned about the impact this decision will have on your claims.

Something Was Wrong
S25 Ep10: Connected Some Dots

We've already received a motion to dismiss a Title IX claim for emotional distress based on the decision filed by a defendant.

Something Was Wrong
S25 Ep10: Connected Some Dots

University, in another case we're handling, we anticipate UCL will file a similar motion.

Something Was Wrong
S25 Ep10: Connected Some Dots

We're evaluating our strategy, including considering whether we can amend our complaint to bring claims under another theory.

Something Was Wrong
S25 Ep10: Connected Some Dots

Please know that we are working on this from every possible angle, and we will keep you posted.

Something Was Wrong
S25 Ep10: Connected Some Dots

Then we had a very sad meeting where we discussed everything.

Something Was Wrong
S25 Ep10: Connected Some Dots

We talked a bit more in depth about this and the implication, meaning that it was likely to never go anywhere.