Sandra L. Townes

Y.S. Ex Rel. Chaya v. Yeshivat or Hatorah High School

District Court, E.D. New York · 2011-06-02

The case involved a mother suing a private high school on behalf of her learning-disabled son to obtain a court order compelling release of his academic transcript, which the school had withheld based on an alleged contract clause requiring repayment of scholarships if a student transferred before completing four years. Plaintiffs claimed federal jurisdiction under Section 504 of the Rehabilitation Act, arguing that the school's policy discriminated against students with disabilities by preventing them from accessing education elsewhere. The court denied the request for a preliminary injunction, holding that the contract terms applied equally to all students who transferred without consent and did not constitute discrimination on the basis of disability, so plaintiffs could not show a likelihood of success on the merits of their federal claim. The court noted that any contractual disputes could be pursued in state court.

civil rightsprocedure

Follman v. World Financial Network National Bank

District Court, E.D. New York · 2010-10-21 · cited 17×

In this case, plaintiff Cheryl Follman brought a putative class action against World Financial Network National Bank alleging violations of the Truth in Lending Act related to her Victoria's Secret credit card account. The defendant moved to stay the proceedings in favor of arbitration, relying on a new arbitration provision added to the cardholder agreement through a change-of-terms notice mailed to the plaintiff, which waived rights to court, jury trials, and class actions. The court denied the motion, holding that the original agreement's change-of-terms provision did not authorize adding the arbitration clause because it addressed substantive rights (such as dispute resolution) outside the scope of terms like fees and rates contemplated in the initial contract, and there was no meeting of the minds on arbitration at inception. The decision turned on contract interpretation under Ohio law and the Federal Arbitration Act, finding the arbitration amendment unenforceable against the plaintiff.

business & regulatoryprocedure

Saladino v. Stewart & Stevenson Services, Inc.

District Court, E.D. New York · 2010-07-02 · cited 2×

Rupolo v. Oshkosh Truck Corp.

District Court, E.D. New York · 2010-06-01 · cited 23×

Bower v. Walsh

District Court, E.D. New York · 2010-03-31 · cited 3×

Alston v. Phillips

District Court, E.D. New York · 2010-03-31 · cited 6×

Affiliations

Decision record

Sandra L. Townes

Affiliations

Decision record