Law Students

UC Berkeley Seeks Dismissal of Antisemitism Lawsuit for Second Time
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

Introduction

The University of California at Berkeley has once again requested a federal judge to dismiss a lawsuit alleging campus antisemitism. In a filing made on Monday, the university argued that new claims regarding its handling of recent pro-Palestine protests are premature since these incidents are still under investigation.

Background of the Lawsuit

The lawsuit, initiated by the nonprofit Louis D. Brandeis Center for Human Rights Under Law and its affiliate Jewish American for Fairness in Education, was filed in November. The plaintiffs contend that UC Berkeley officials have ignored longstanding issues of antisemitism on campus.

Want to know if you’re earning what you deserve? Find out with LawCrossing’s salary surveys.

  
What
Where


Initial Allegations and First Amendment Defense

The initial complaint focused on the law school, alleging that 23 law student groups had adopted anti-Zionism bylaws. The university defended these actions, asserting that they are protected under the First Amendment.

Expanded Claims and Recent Incidents

In an amended complaint filed in May, the plaintiffs expanded their allegations to include the university’s handling of campus protests. These incidents involved a footpath blockade by pro-Palestine students in February and the disruption of a dinner hosted by Law Dean Erwin Chemerinsky in April.

University’s Motion to Dismiss

The university’s motion to dismiss, filed in San Francisco federal court, argues that the plaintiffs are attempting to shift the focus of the lawsuit from student organization bylaws to recent campus unrest. The university asserts that it can only be held liable for its response to student misconduct, not the misconduct itself and that the judicial process cannot proceed until the university’s investigations and disciplinary actions are concluded.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Stay up-to-date without the overwhelming noise. Subscribe to JDJournal for a curated selection of the most relevant legal news.

Administrative Procedures and Delays

UC Berkeley spokesperson Dan Mogulof noted that student conduct procedures at public universities involve multiple layers of appeals and can take several months to complete. He emphasized that the university is committed to enforcing rules and imposing appropriate consequences if violations are confirmed.



Legal Representation

The Brandeis Center is represented by Kenneth Marcus and L. Rachel Lerman from the Louis D. Brandeis Center for Human Rights Under Law, along with Eric George and David Carroll from Ellis George LLP, and John Coghlan and Tara Helfman from Torridon Law PLLC. UC Berkeley is represented by Hailyn Chen and Bryan Heckenlively from Munger, Tolles & Olson LLP.

Conclusion

The case is currently before Judge James Donato of the U.S. District Court for the District of Northern California. A U.S. congressional committee has also accused major Wall Street firms of collaborating with advocacy groups to pressure companies into reducing greenhouse gas emissions, adding another layer of complexity to the unfolding legal and political landscape.

Don’t be a silent ninja! Let us know your thoughts in the comment section below.



 

RELEVANT JOBS

Associate Attorney

USA-PA-Exton

ASSOCIATE ATTORNEY McKenna Snyder LLC, a law firm in Exton, PA has an immediate opening for an ex...

Apply now

Attorney

USA-MI-Sturgis

Qualifications: HaasCaywood is seeking associate attorneys for our Coldwater and Sturgis, Michiga...

Apply now

Attorney

USA-MI-Coldwater

Qualifications: HaasCaywood is seeking associate attorneys for our Coldwater and Sturgis, Michiga...

Apply now

Deputy General Counsel / Senior Deputy General Counsel

USA-CA-Sacramento

Cal Cities Culture and Mission Cal Cities is dedicated to creating a collaborative and inclusive ...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Education Law Attorney

USA-CA-El Segundo

El Segundo office of a BCG Attorney Search Top Ranked Law Firm seeks an education law attorney with ...

Apply Now

Education Law Attorney

USA-CA-Carlsbad

Carlsbad office of a BCG Attorney Search Top Ranked Law Firm seeks an education law attorney with 4-...

Apply Now

Education Law and Public Entity Attorney

USA-CA-El Segundo

El Segundo office of a BCG Attorney Search Top Ranked Law Firm seeks an education law and public ent...

Apply Now

SEARCH IN ARCHIVE

To Top