Regents of University of California v. Superior Court of Los Angeles County (Rosen)

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Regents of University of California v. Superior Court of Los Angeles County
Seal of the Supreme Court of California.svg
Argued January 3, 2018
Decided March 22, 2018
Full case nameThe Regents of the University of California, et al., Petitioners, v. The Superior Court of Los Angeles County, Respondent; Katherine Rosen, Real Party in Interest.
Citation(s)4 Cal. 5th 607 (Cal 2018); 230 Cal. Rptr. 3d 415; 413 P3.d 656
Holding
A university has a special relationship with its students, and thus has a duty to protect them from foreseeable violence in classroom or curricular settings.
Court membership
Chief Justice Tani Cantil-Sakauye
Associate Justices Carol Corrigan, Goodwin Liu, Mariano-Florentino Cuéllar, Leondra Kruger, James A. Richman [lower-alpha 1]
Case opinions
MajorityCorrigan, joined by Cantil-Sakauye, Liu, Cuéllar, Kruger, Richman
ConcurrenceChin

Regents of University of California v. Superior Court of Los Angeles County, 4 Cal. 5th 607, 413 P.3d 656 (2018), was a case in which the Supreme Court of California held that universities owe a duty to protect students from foreseeable violence during curricular activities. [1] [2] In an opinion by Justice Ming Chin, the Court tossed out the 2010 case in which Katherine Rosen, a former UCLA student, sued the university for negligence when another student stabbed her in a chemistry lab. Following this ruling, Rosen can pursue the case again in court. [3] [4] [5] [6] [7]

Contents

The Court of Appeal, Second Appellate District, Division Seven initially held that the university's summary judgment motion was wrongly denied in students' action that the alleged university breached its duty of care by failing to adopt reasonable measures that would have protected her from another student's violent on-campus attack, as a public university had no general duty to protect its students from criminal acts of other students. [8] [9] [10] [11]

See also

Notes

  1. Associate Justice of the First District of the California Court of Appeals; filling vacant seat

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References

  1. "Regents of University of California v. Superior Court of Los Angeles County". Justia Injury Law Opinion Summaries. March 22, 2018. Retrieved March 27, 2018.
  2. "Regents of University of California v. Superior Court of Los Angeles County". Justia Law. Retrieved March 27, 2018.
  3. Thanwala, Sudhin (March 22, 2018). "Court: California colleges have duty to protect students". The Sacramento Bee. ISSN   0890-5738. Archived from the original on March 26, 2018.
  4. Preal, Jacob (March 22, 2018). "California Supreme Court rules alumna can sue UCLA for 2009 stabbing". Daily Bruin. Retrieved March 26, 2018.
  5. Dolan, Maura (March 22, 2018). "In ruling for victim in UCLA attack, California Supreme Court says universities should protect students". Los Angeles Times. Retrieved April 5, 2018.
  6. Kelderman, Eric (March 23, 2018). "Court Decision May Signal More Legal Liability for Colleges Over Violent Crimes". The Chronicle of Higher Education. Retrieved April 5, 2018.
  7. Carter, Jarrett (March 27, 2018). "Court sets new standard for campus liability". Education Dive. Retrieved April 5, 2018.
  8. Ceasar, Stephen (October 8, 2015). "Public colleges not liable for violence on campus, appeals court rules". Los Angeles Times. Retrieved January 15, 2018.
  9. Goldberg, John C. P.; Zipursky, Benjamin C. (November 6, 2015). "Missing the Mark on Duty, Again. Regents v. Superior Court". New Private Law: Project on the Foundations of Private Law. Retrieved January 15, 2018.
  10. "FindLaw's California Court of Appeal case and opinions". Findlaw. Retrieved January 15, 2018.
  11. Ceasar, Stephen. "California Supreme Court to review opinion in UCLA stabbing case". latimes.com. Retrieved March 7, 2018.