Litigation and Liability in Student Matters: Strategies for School Attorneys Regarding the 1st Amendment, Bullying, Student Discipline, and SPED

Keith Altman
Keith Altman | K Altman Law

Keith Altman is the founder of K Altman Law, a national law firm that specializes in student defense and complex litigation matters.

On-Demand: November 14, 2024

2 hour CLE

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Program Summary

This program will cover key aspects of representing victims of student bullying, starting with a review of significant federal law cases. It will explore handling bullying claims from the plaintiff’s perspective and provide essential strategies for school attorneys advocating for victims. Topics include drafting pleadings, navigating the discovery process, mediation techniques, and trial strategies, along with discussions on 1st Amendment issues, student discipline, and special education (SPED) concerns. The session aims to equip attorneys with the tools needed to build stronger claims, avoid common litigation pitfalls, establish school negligence through expert witnesses, and achieve favorable outcomes in mediation and court.

Key topics to be discussed:

  • Applicable federal statutes
  • Federal case studies
  • Drafting effective complaints and responsive pleadings
  • Liability in student action – plaintiff’s perspective
  • Addressing causation and proving damages
  • Effective use of expert witnesses
  • Discovery strategies for plaintiffs
  • Mediation strategies for favorable outcomes
  • Trial Strategies for presenting compelling evidence
  • Understanding the impact of bullying on victims

Closed-captioning available

Speakers

Keith Altman_myLawCLEKeith Altman | K Altman Law

Keith Altman is the founder of K Altman Law, a national law firm that specializes in student defense and complex litigation matters. He is admitted to federal courts in California, Michigan, Maryland, as well as the U.S. Court of Appeals and the United States Supreme Court.

Mr. Altman is a member of the Sedona Conference, Working Group 1 (electronic discovery). He is the co-chair and founder of the American Association of Justice Electronic Discovery Litigation Group. He has appeared before the Federal Rules Committee on many relevant issues pertaining to the Federal Bar Association.

Mr. Altman is a forensic data analysis expert. He is also experienced in matters of pharmacovigilance and safety surveillance in the United States and Canada.

Agenda

I. Applicable federal statutes | 1:00pm – 1:10pm

  • Title IX of the Education Amendments of 1972
  • Title VI of the Civil Rights Act of 1964
  • Section 504 of the Rehabilitation Act of 1973
  • Americans with Disabilities Act (ADA)
  • Equal Protection Clause of the Fourteenth Amendment
  • Individuals with Disabilities Education Act (IDEA)
  • Title VII of the Civil Rights Act of 1964 (Indirectly Related)

II. Federal case studies | 1:10pm – 1:20pm

  • Top Mistakes to Avoid
  • Common Plaintiff Mistakes
  • Strengthening Claims

III. Drafting effective complaints and responsive pleadings | 1:20pm – 1:30pm

  • Best Practices for Complaints
  • Key Elements

IV. Liability in student action – plaintiff’s perspective | 1:30pm – 1:40pm

  • Theories of Liability
  • Strengthening Claims

V. Addressing causation and proving damages | 1:40pm – 1:50pm

  • Causation
  • Proving Damages

VI. Effective use of expert witnesses | 1:50pm – 2:00pm

  • Key Role of Experts
  • Establishing Negligence

Break | 2:00pm – 2:10pm

VII. Discovery strategies for plaintiffs | 2:10pm – 2:20pm

  • Key Objectives in Discovery
  • Challenges

VIII. Mediation strategies for favorable outcomes | 2:20pm – 2:30pm

  • Approach to Mediation
  • When to Settle

IX. Trial Strategies for presenting compelling evidence | 2:30pm – 2:40pm

  • Presentation of Evidence
  • Key Points for Success

X. Understanding the impact of bullying on victims | 2:40pm – 3:10pm

  • Emotional/Psychological Impact
  • How to Present This in Court
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