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Teacher’s defamation claim against former teacher barred by ecclesiastical abstention doctrine

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 11 2012

In Becker v. Clardy, Case No. 03-10-00376-CV, 2011 WL 6756999 (Tex. App.-Austin Dec. 22, 2011), a Texas appeals court held the ecclesiastical abstention doctrine applicable to the claims of religion teachers at St. Mary’s School in Temple, Texas, thus barring the defamation claim of one teacher against another

Timely topics

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 11 2012

As we begin a new year it is valuable to consider the lessons of 2011 for religious institutions

Judgment against preschool teacher who stated discrimination claims affirmed

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 11 2012

In Henry v. Red Hill Evangelical Lutheran Church of Tustin, Case No. G044556, 2011 WL 6119336 (Cal. App. 4 Dist. Dec. 9, 2011), a former preschool teacher brought an action against Red Hill Lutheran School alleging wrongful termination for living with her boyfriend and raising their child together without being married

Public opposition supports denial of parochial school’s modernization permits

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 11 2012

In Academy of Our Lady of Peace v. City of San Diego, Case No. 09cv962-WQH-MDD, 2011 WL 6217026 (S.D. Cal. Dec. 14, 2011), a parochial school proposed to modernize its 86-year-old campus by adding two new facilities

Religious freedom amendment makes it to the November 2012 Florida Ballot

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 11 2012

The Florida 2012 Ballot will include Ballot Number 8 entitled “Religious Freedom.”

Athletic Association’s limits on merit-based assistance upheld

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 11 2012

In Seger v. Kentucky High Sch. Athletic Ass’n, Case No. 10-5595, 10-5597, 2011 WL 6415055 (6th Cir. Dec. 21, 2011), the court affirmed dismissal of the plaintiffs’ claims for violations of the First and Fourteenth Amendments against the Kentucky High School Athletic Association, an athletic association of 280 public, private and parochial schools, for its enforcement of Bylaw 13, which places limits on the amount and type of merit-based scholarship assistance a student can receive and still remain eligible to participate in KHSAA-governed high school athletics

Capital rules and variances

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 3 2012

The Florida Department of Education has begun rule development to amend the sections of rule pertaining to the calculation of school grades and to include new components in the school grades formula consistent with section 1008.34, Florida Statutes

First drug wholesale distributor advisory council meeting held at DBPR

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 3 2012

On December 6, 2011, Florida’s Drug Wholesale Distributor Advisory Council held its first meeting since responsibility for regulation of drugs, devices and cosmetics was transferred to the Department of Business and Professional Regulation from the Department of Health on October 1, 2011

Divided Appeals Court rules that Circuit Court can decide adequacy challenge to public education

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 3 2012

In Haridopolos v. Citizens for Strong Schs., Inc., Case No. 1D10-6285 (Fla. 1st DCA Nov. 23, 2011), a divided court of appeal denied the state’s petition for writ of prohibition, which would have prevented further proceedings in the circuit court over whether the state is compliant with Article IX, section 1(a) of the Florida Constitution, concerning Florida’s “paramount duty ... to make adequate provision for the education of all children residing within its borders”

Circuit Court rules that Amendment 7 must be stricken from ballot, but leaves open possibility of correcting the deficiency

  • Holland & Knight LLP
  • -
  • USA
  • -
  • January 3 2012

In Shapiro v. Browning, Case No. 2011-CA-1892 (Fla. 2d Cir. Ct. Dec. 13, 2011), Circuit Judge Terry Lewis handed down a ruling on cross-summary judgment motions that at least temporarily removed from the November ballot a proposed constitutional amendment that would repeal Florida’s “Blaine Amendment” (a provision that bans certain public funding of churches and other religious organizations