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Tag Archives: litigation

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

By Johnson, Newlon & DeCort, P.A. |

Johnson 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]  The Sixth Circuit recently revisited that topic in its decision in John Doe v. David H. Baum, a case arising from the University of Michigan.[2]  This… Read More »

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Recent Federal Appellate Decision Highlights Risks Posed to Public Universities and Colleges from Constitutional Violations in Title IX Sexual Misconduct Investigations

By Johnson, Newlon & DeCort, P.A. |

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 IX.[1] In John Doe v. Miami University, the Court held that a male student’s lawsuit against Miami University in Ohio and an individual administrator… Read More »

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FDIC Suits Against Bank Directors & Officers: “JUST GET CANNED BYLAWS OFF THE INTERNET” TEXTED THE SOON TO BE PRESIDENT AND CHAIRMAN OF THE BOARD AS HE DROVE DOWN THE HIGHWAY WITH NO SEAT BELT AND HIS BRAKE FAILURE WARNING LIGHT FLASHING

By Johnson, Newlon & DeCort, P.A. |

The internet is a wonderful tool. So is a chainsaw, until it’s used to trim your fingernails. Entrepreneurs are understandably skeptical about spending money on something as mundane as form bylaws when hundreds of examples are available at the click of a mouse. In many cases, that approach works out fine. When it doesn’t… Read More »

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Nicole Newlon Appointed to FBA Federal Litigation Section Board

By Johnson, Newlon & DeCort, P.A. |

Johnson is proud to announce that firm partner Nicole Newlon has been appointed to the Federal Bar Association’s Federal Litigation Section Board.  Nicole recently concluded her term as President of the FBA’s Tampa Bay Chapter, where she remains an active chapter leader.  She will travel to Washington, D.C. later this month to attend the… Read More »

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FDIC Suits Against Bank Directors & Officers: Corporate Litigation With a Twist

By Johnson, Newlon & DeCort, P.A. |

John E. Johnson

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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

By Johnson, Newlon & DeCort, P.A. |

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 Telephone Consumer Protection Act (“TCPA”), it has been conclusively answered by the Eleventh Circuit Court in a recent opinion in Murphy v. DCI Biologicals… Read More »

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