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2017 Legal Issues High Sch. Athletics [1] (2017)

handle is hein.hackneytwo/lihsa2017 and id is 1 raw text is: 









                                   January-February 2017

In This Issue

Case Summaries and Articles

   SCourt: School Attorney's Conversations with
     Former Cahe Are Unprotc


     IQ-Continue aaainst PrinCipal. School Dijtrict
     *Connecticut Lawsuit Alleges a Failure-to Follow ,
     Consussin Pr otocl

     Turf Makers
     *Flori Court Turns Away fo Now. Cam tha
     School Board Was9 Liable for Treatment of Coach-
   SFarmer Student SuesSch  I Ditricv r
     Blegacher Collapse
   I llinoia Judge declines to Intervene in Outo me
     of Hih School Fo tlI am
     *New Californ iaLa uSeeks to Protect Student-
     Atlete from Suddn Cardia Arres


Court: School Attorney's Conversations with Former
Coaches Are Unprotected

In a majority decision involving a student athlete's concussion-related lawsuit against
a school district, the Washington Supreme Court has ruled that communications
between the school district's attorney and former coaches employed by the district are
not shielded by the attorney-client privilege.

In so ruling, the court conceded that it follows a flexible approach to application of the
attorney-client privilege in the corporate context. However, the privilege does not
broadly shield counsel's post-employment communications with former employees.

Highland High School quarterback Matthew Newman and his parents claimed in a
lawsuit that Newman suffered a permanent brain injury while playing in a high school
football game in 2009, one day after he allegedly sustained a head injury at football
practice. Specifically, the plaintiffs alleged that the Highland School District No. 203
violated Lystedt law, RCW 28A.600.190, which requires the removal of a student