Miranda
๐ค SpeakerAppearances Over Time
Podcast Appearances
Our firm has also filed another Title IX case on behalf of a current UCO student arising out of a sexual assault.
The heat has definitely been rising for UCO.
Unfortunately, I'm writing today to inform you of an unexpected decision by the United States Supreme Court that significantly impacts your claims.
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.
She's talking about like the case in which this was ruled.
Although the plaintiff in this case sued for disability discrimination under the Rehabilitation Act,
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.
Reasoning that these four statutes operate as a contract between the federal government and the
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.
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.
The decision represents a radical departure for Title IX case law and has left lawyers and advocacy groups reeling.
For decades, courts have operated under the assumption that emotional distress damages were available under Title IX.
Indeed, in many cases, emotional distress damages were the only damages sought and awarded.
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.
We've already received a motion to dismiss a Title IX claim for emotional distress based on the decision filed by a defendant.
University, in another case we're handling, we anticipate UCL will file a similar motion.
We're evaluating our strategy, including considering whether we can amend our complaint to bring claims under another theory.
Please know that we are working on this from every possible angle, and we will keep you posted.
Then we had a very sad meeting where we discussed everything.
We talked a bit more in depth about this and the implication, meaning that it was likely to never go anywhere.