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DISCRIMINATION SUIT AGAINST SCHOOL DISTRICT ILLUSTRATES A  PYRRHIC  STRATEGY

9/4/2012

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A Chicago Tribune article on a school district's battle against a discrimination lawsuit illustrates that a battle of experts may lead to victory, but only at great cost.

In 2004, District U-46, based in Elgin, IL, changed its district boundaries.  In 2005 parents of children from District U-46 sued alleging that the boundary change was intentionally crafted to place minority students in substandard and overcrowded conditions.  Further, the suit alleged that the District reduced these students' access to gifted and bilingual programs.
The students at issue were instructed in mobile classrooms that the plaintiff's experts decried as insufficient.  The school district's experts contended that the decade old temporary structures were halfway through their expected lifespan and therefore were acceptable.  The expert also disagreed with the plaintiff's expert that the mobile homes were a poor choice because they allowed the district flexibility without disrupting the commute and cohesiveness of the existing allocation.  Finally, the expert stressed that damaging photographs of the conditions within the mobile classrooms were emphasizing the bad rather than the good.

Experts can make or break any complicated litigation.  It all boils down to what the jury takes away from the battle. Both sides can agree that experts are a necessary, but extraordinarily expensive aspect of litigation.  Litigants: be aware of those costs before initiating suit or when contemplating settlement offers.
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    Rishi Nair owns Nair Law LLC and practices as Of Counsel at Keener and Associates, P.C.

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