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University files appeal against allowing lawsuit to proceed

In civil cases in Las Vegas, when either side does not get the ruling they think they deserve at the end of the trial, they have the right to file an appeal to a higher court asking for a review of the decision. In some instances, civil appeals can be filed even before trials begin.

This is the case for a civil lawsuit filed against a university recently. The suit was filed by the parents of a 26-year-old drum major who died in a hazing. The incident occurred on a parked bus on November 19, 2011, where the man succumbed to injuries sustained as part of the hazing.

In their lawsuit, the parents allege that the university allowed hazing, even though it is illegal under state law, and should therefore be held responsible for their son’s death. A circuit judge allowed the lawsuit to be filed.

The university appealed the circuit judge’s decision, saying that the band major was a willing participant in the hazing and had contemplated going through with the ritual for months prior. They argue that participating in hazing in any way breaks both band and school rules and that therefore they cannot be held responsible. They also point to the fact that going through the trial will be a burden to taxpayers.

If you have been involved in civil litigation that has not gone the way you would have liked, you may benefit from speaking with an attorney who can help you file a civil appeal.

Source: Orlando Sentinel, “Appeals court to review ruling in FAMU hazing lawsuit,” Stephen Hudak, June 10, 2013

John P. Aldrich
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