Law and Liability Patrick J. Kelly, Attorney at Law/MSHSL Counsel June 23, 2014

Preventive Administration I.Common Sense II.Follow the Rules III.Record Keeping IV.Injuries V.Equipment

Coaches Suing Parents for Defamation I.Cases I.“Bojko v. Lima” I.2009 Connecticut Case II.“Esposito v. Mayer” I.2005 Illinois Case III.“Meyers v. Levy” I.2005 Illinois Case IV.“O’Connor v. Burningham” I.2007 Utah Case V.“Emme v. Martinez” I.2005 California Case

Coaches Suing Parents for Defamation Continued I.Anti-SLAPP Laws I.Background Information II.Cases I.“Lee v. Fick” I.2011 California Case II.“Sandholm v. Kuecker” I.2012 Illinois Case

OCR Dear Colleague Letter I.Core Message II.Individual Assessment of Student III.Reasonable Accommodation IV.Examples V.Where to begin

Hiring and Interviewing I.General Practices II.Questions Not to Ask

School Responsibility for Conduct of it’s Athletics and Activity Programs I.Need for Improved Rules I.Sportsmanship II.Rule Compliance II.Principle of Institutional Control and Responsibility I.Responsibility for Control II.Scope of Responsibility III.Memorandum of Understanding

Defective Products I.Types I.Manufacturing Defects II.Defectively Designed Products II.Available Defense III.Warnings IV.Strict Liability V.Breach of Warranty I.Express Warranty II.Implied Warranty

E-Discovery and Document Retention I.What is E-Discovery? II.How is ESI different from Conventional Information? III.What is “Metadata”? IV.Electronic Documents are Everywhere

Minnesota State High School League Cases I.T.L. v. MSHSL et. al. II.H.R. v. MSHSL et. al.