Academic Institutions (Representation of )

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Representation of Academic Institutions



Our lawyers have represented various school and college districts, including Los Angeles Unified School District, Los Angeles Community College District, Centinela Valley Union High School District, and San Diego Unified School District. Further, our lawyers have represented a prominent private local university, a private chiropractic university, California State University, and the University of California.

Our attorneys have represented colleges and school districts in litigation involving the following types of matters:

  • special education claims;

  • student discipline cases;

  • teacher discipline cases;

  • negligent supervision cases;

  • negligent hiring cases;

  • personal injury claims resulting from automobile accidents, falls, alleged dangerous conditions on school property, etc.; and

  • section 1983 civil rights claims;

  • employment litigation.

We have defended school districts against claims involving alleged violations of the Individuals with Disabilities Education Act (IDEA), and have defended academic institutions in wrongful termination and discrimination cases. We represented a major private university in an Americans with Disabilities Act (ADA) case involving claimed repeated access problems seeking injunctive relief and damages. We have handled cases on behalf of academic institutions in both federal and state court.

Additionally, we have represented universities, landowners, business owners, and security guard companies in civil cases brought by persons who were victims of criminal acts while on the premises of the civil defendants. The criminal perpetrators were usually third parties, but sometimes they were never identified. On occasion the alleged perpetrators were alleged to be employed by our clients.

Some of the cases we have handled include:

  • a personal injury action by an autistic sixth grader in which the plaintiff alleged assault, battery, and negligence, as well as negligent training of teachers and negligent student placement. Plaintiff's allegations were supported by the student's one-on-one aide. Mr. Messer was successful in persuading the trial court to dismiss most of the negligence allegations for failure to exhaust administrative remedies under the Individuals with Disabilities Education Act (IDEA). Following a jury trial of remaining issues, the jury returned a defense verdict for the District and the teacher.

  • a consolidated personal injury/torts lawsuit in which college students were traveling in a school van for a field trip when they were injured when another vehicle rear-ended the van on the freeway. The force of the impact spun the van 180 degrees and the van burst into flames. There were 8 students in the van, 7 of whom were injured. Two injured students and the driver of the other car remain as plaintiffs. We were successful in resolving one case based on school district immunity and extricated the District from the lawsuit on the same basis.

  • a personal injury case which occurred in a college classroom, where the plaintiff claimed that while taking an examination, she stood up from a roller chair in which she was sitting to allow a teacher to move behind her. She alleged that the teacher bumped the chair because when she sat down again, she fell to the floor. This matter settled for a minimal amount.

  • a multi-million dollar construction management case in which a contractor sued a community college district for payment of alleged cost overruns on a school site construction project. We prosecuted the District's claims for liquidated damages and for violation of the False Claims Act (California Government Code sections 12650 et seq.). We were able to negotiate a favorable settlement for the college district.

  • a personal injury case involving an adult student who tripped over a nail protruding from the baseboard in a doorway in which our motion for summary judgment was successful and we are pursuing costs against plaintiff.

  • an assault and battery case in which a teacher claims she was assaulted by school police and suffered personal injuries in which we successfully defeated plaintiff's request for permission to file a late claim against the school district.

  • a personal injury case in which a substitute teacher threw a coin at a second grade girl, hitting her on the head, and allegedly causing physical and emotional injuries in which we were successful in settling the case for a minimal amount and obtaining financial contribution from the teacher.

  • a case in which a young girl tried to close a bathroom window at a school when the window fell and severed a portion of her finger, in which we successfully opposed plaintiff's petition to file a late claim, despite the severe injuries.

  • a federal civil rights case in which plaintiff, a high school senior, refused to relinquish her cell phone which was not allowed according to school rules. School officers were brought in to recover the cell phone, an altercation ensued in which plaintiff (5-10, 210 lbs.) kicked and scratched the officer, and plaintiff was arrested for disruption. A motion for summary judgment was decided in our client's favor.

  • a personal injury claim by a student that a teacher assaulted and battered him in the classroom in which discovery developed that plaintiff actually slammed his own face into his desk, causing his node to bleed. The case was settled for a minimal amount.

  • an alleged class action by African-American students who claimed physical and verbal assaults by Hispanic school police officers and improper random searches of students in which we successfully opposed class certification and were able to settle the matter for minimal amounts as to the two named plaintiffs.

  • a personal injury case in which plaintiff, a special needs student who suffers from cerebral palsy and severe neurodevelopmental delay (mental retardation) alleges he sustained a broken arm and shoulder dislocation when a school district employee transferred him from a wheelchair to a bed in which we settled for a minimal amount.

  • a personal injury case in which plaintiff's classmate poked him in the eye with a pencil and alleged the school district failed to supervise the classmate which we were able to settle to our client's satisfaction after a mediation.

  • a personal injury case in which plaintiff, a second grade girl, fell when she was running to the bathroom and lacerated her knee at the threshold of the bathroom door in which we defended the matter at arbitration.

  • a case in which plaintiff, a high school sophomore, severed the tips of two fingers when using a jointer in wood shop which we were able to settle for a minimal amount following plaintiff's deposition.

  • a case in which plaintiff was chased and beaten by alleged gang members on school premises after school hours in which we developed evidence that the beating did not occur and were able to settle the case for a minimal amount.

  • a personal injury case involving a student who alleged she was walking down a dark outdoor walkway and tripped over an uneven rise between two slabs of concrete, thereby fracturing her hip. She claimed over $60,000 in medical invoices including surgery and claimed future surgery was necessary, along with over $120,000 in claimed lost earnings. We were able to settle the case for a minimal amount ($15,000) shortly prior to trial.
  • we defended a Private University in a case of alleged ADA violations involving a wheel-chair-bound plaintiff who was injured on campus. Plaintiff suffered from decubitus ulcers which were aggravated by an extended hospital stay following his fall at on campus. The case was resolved at a mediation.

We also have a California State Bar Certified Appellate Specialist, Joseph Zamora, who has handled at least ten appeals involving school districts, community colleges and universities, four of which have resulted in published decisions in this area of law.