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40 ■ JUNE 7, 2021 CONNECTICUT OPINIONS
increase, while BA districts “may” charge the EDUCATION LAW • CONSTITUTIONAL LAW
fee increase. The Trustee argued that the 2017
Amendment should not even be subject to the Women’s Rowing Team Obtains
Bankruptcy Clause, because it was an admin-
istrative funding measure instead of a sub- Restraining Order To Stop Team
stantive bankruptcy law. The court disagreed, Elimination
citing the Ninth Circuit, and avowing that
because the 2017 Amendment governs debt- CASE: Lazor v. Univ. of Connecticut
COURT: U.S. District Court for Connecticut
or-creditor relations and impacts relief, it is a DOC. NO.: 3:21-cv-583
bankruptcy law. The Trustee also argued that, COURT OPINION BY: Underhill
even if subject to the Bankruptcy Clause, the DATE: May 26, 2021 • PAGES: 20
2017 Amendment did not violate it because A women’s rowing team, who moved for a tem-
the language was facially uniform. The court porary restraining order to enjoin the school
disagreed, writing that “may” often does not from eliminating the team, was able to obtain
impose a mandatory directive while “shall” the order by showing irreparable harm and
does. Thus, the court reversed the judgment substantial likelihood of success. In June 2020,
of the Bankruptcy Court and directed the the defendant, the University of Connecticut,
Bankruptcy Court to provide plaintiff with a announced that they would be eliminating the
refund of the amount of quarterly fees paid in women’s rowing team and two men’s sports team
excess of what they would have been in a BA for budgetary reasons. The plaintiffs, mem-
district at that time. bers of the University of Connecticut women’s
rowing team, moved for a restraining order to
U.S. DISTRICT COURT temporarily halt the elimination, arguing that
it was a violation of Title IX of the Educa-
tion Amendments of 1972 and that without a
CLASS ACTIONS • restraining order, the plaintiffs would suffer ir-
ATTORNEY RATES AND ARRANGEMENTS reparable harm. After reviewing the University
of Connecticut sports teams and participation
levels of men and women, as well as recognizing
Settlement Approved in Unlawful the vigorous training undergone by these college
Post-Judgment Interest Class Case athletes to get to a Division 1 rowing school, the
court agreed and granted the order.
CASE: Esposito v. Nations Recovery Ctr., Inc.
COURT: U.S. District Court for Connecticut EMPLOYMENT LITIGATION •
DOC. NO.: 3:18-cv-02089
COURT OPINION BY: Bryant HEALTH CARE LAW
DATE: May 25, 2021 • PAGES: 20
A class of individuals, who settled with a University Hospital Able to Strike
debt collection agency after alleging that the
agency engaged in unauthorized collection Irrelevant Details from Complaint
with improper post-judgment interest, was CASE: Castro v. Yale Univ.
able to have the settlement approved. The COURT: U.S. District Court for Connecticut
plaintiffs, sixty-one Connecticut residents, DOC. NO.: 3:20-CV-00330
alleged that the defendant, Nations Recov- COURT OPINION BY: Arterton
ery Center, attempted to collect money with DATE: May 21, 2021 • PAGES: 5
post-judgment interest without authoriza- A university hospital that was sued for sexual
tion. After settling, Nations Recovery did harassment was able to show that details in the
not object to the settlement fund, only the complaint of unrelated sexual harassment mat-
attorneys’ fees requested. After reviewing ters were irrelevant and had them stricken from
the settlement agreement, the court ruled the complaint. The plaintiffs, a group of female
that it was fair, and granted the settlement doctors in Yale’s Department of Anesthesiolo-
and the class representative fee. However, gy, alleged that their superior sexually harassed
after reviewing the attorneys’ fees portion of them and punished them for speaking out. After
the settlement, the court modified the award filing six causes of actions against Yale, the
and took out clerical paralegal work. plaintiffs included material in their complaint
CONNECTICUT
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