Summary
This case is parental opt out litigation in Walled Lake, Michigan. The case arises out of a public school teacher’s teaching of inappropriate, controversial material without prior notice to parents or students. The controversial material promotes a progressive version of gender identity. The parents and their child elected to opt out of the curriculum. But, the Walled Lake school district refused to honor the request. As a result, the student continues to be subjected to the unwanted gender identity teaching.
Overview
Reason to Invest:
​Reason to Invest:The U.S. Department of Education, state Departments of Education and school districts have adopted regulations, rules and policies which require discipline of parents and students who discriminate based on gender identity. Parents and students who have traditional religious views are likely to be disciplined. Seemingly, federal law, including the Free Exercise Clause, Religious Freedom Restoration Act, and the Religious Land Use and Institutionalized Persons Act does not cover schoolhouse religious discrimination. So, plaintiffs in parental opt out litigation claim that there is a violation of the Equal Protection Clause when parental opt outs are not given by public school to parents who object to gender identity curriculum because the public school is discriminating against parental lifestyle choice
Team
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Gregory M. Erickson
Contact Me: (612) 979-9791
Education University of Minnesota Law School, Minneapolis, Minnesota J.D. - 1997 Honors: cum laude Miami University, Oxford, Ohio B.A. - 1993 Honors: Cum Laude Major: Political History Science Bar Admissions Minnesota Wisconsin United States Supreme Court U.S. Court of Appeals 7th Circuit U.S. Court of Appeals 8th Circuit U.S. District Court Eastern District of Wisconsin U.S. District Court Western District of Wisconsin U.S. District Court Northern District of Illinois Representative Cases Advanced Communication Design v. Follett, 615 N.W. 2d 285, 2000 Pergament v. Loring Properties, Ltd., 599 N.W.2d 146, 1999 Digital Resources LLC v. James Loestetter, et. al., 246 B.R. 357, 2000 Past Positions Rider Bennett, LLP, Partner Professional Associations Minnesota Bar Association, Member Hennepin County Bar Association, Member American Bar Association, Member Certified Legal Specialties M.S.B.A. Board Certified Real Estate Specialist
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Elizabeth Nielsen
Contact Me: (612) 979-9791
Education University of Illinois College of Law, Illinois J.D. - 2022 Honors: magna cum laude Honors: Rickert Award for Excellence in Advocacy Honors: Paul M. Lisnek Award for Excellence and Ethics in Trial Advocacy Southern Illinois University, Carbondale, Illinois B.A. - 2014 Honors: summa cum laude Honors: Chancellor’s Scholar Major: Political Science Major: Theater Minor: French Bar Admissions Minnesota Michigan Pennsylvania U.S. Court of Appeals 3rd Circuit U.S. Court of Appeals 6th Circuit U.S. Court of Appeals 8th Circuit U.S. Court of Appeals 9th Circuit U.S. District Court District of Minnesota U.S. District Court Eastern District of Michigan
Erick G. Kaardal
Contact Me: (612)-341-1074
Education University of Chicago Law School, Chicago, Illinois J.D. - 1992 Harvard College Honors: magna cum laude Honors: U.S. Army Reserve Officer Training Corps scholarship Major: Economics Bar Admissions Minnesota Wisconsin U.S. Supreme Court U.S. Court of Appeals District of Columbia Circuit U.S. Court of Appeals Federal Circuit U.S. Court of Appeals 3rd Circuit U.S. Court of Appeals 6th Circuit U.S. Court of Appeals 7th Circuit U.S. Court of Appeals 8th Circuit U.S. District Court District of Minnesota U.S. District Court Eastern District of Wisconsin U.S. District Court Western District of Wisconsin U.S. District Court Central District of Illinois U.S. District Court Northern District of Iowa U.S. District Court District of Idaho U.S. District Court Northern District of Georgia U.S. District Court Eastern District of Michigan U.S. District Court Western District of Michigan U.S. District Court Western District of Pennsylvania U.S. Court of Federal Claims U.S. Tax Court Representative Cases Republican Party of Minnesota v. White (U.S. Supreme Court victory 5-4), 2002 Minnesota Voters Alliance v. Mansky (U.S. Supreme Court victory 7-2), 2018 Honors Outstanding Contribution to the Cause of Liberty, Institute for Justice Minnesota Lawyer, Lawyer of the Year, 2018 Life Legal Defense Foundation "Defender of Life" Award Winner – 2021 Pro-Bono Activities Republican Party of Minnesota, Past Secretary/Treasurer John Adams Society, Past Chairman Minnesota Chapter of the Federalist Society, Advisory Board Member Past Positions Mohrman, Kaardal & Erickson, PA - since January 1, 2000 Trimble & Associates, Ltd., Associate Attorney, 1994-1999 Faegre & Benson, Associate Attorney, 1992-1994 U.S. Army Reserves, Minnesota and Illinois National Guard, Field Artillery Officer, Captain (retired)
About
Project Pitch (Strategy… Why You will Win):
Problem
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Public schools are declining parents and students opt outs of curriculum promoting progressive views of gender identity​
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Solution
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We need a federal complaint that has a national impact on the enforceability of parental opt outs
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The Equal Protection Clause claim focuses on the government treating parental lifestyle choices equally is more likely to succeed than more narrowly based religious liberty claims​​
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Viability
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A Pennsylvania federal district court has allowed a case to continue on such an Equal Protection Clause claim, as well as other claims
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The First Circuit in a decision noted that an Equal Protection Clause claim of this type was not raised in that case, but was possible
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To be sure, other federal laws, including the Free Exercise Clause, Religious Freedom Restoration Act, and the Religious Land Use and Institutionalized Persons Act do not cover school district denial of parental opt outs
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Desired Outcome
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Legal enactments of laws, regulations, rules and policies which require schools to honor parental opt outs
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Damages for denying parental opt outs
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Reimbursement of Attorneys Fees
Organization Information:
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Great Education Initiative
The Great Education Initiative is a non-profit organization dedicated to advocating for premium public education. We believe that all students should have access to a high quality education with the resources they need to succeed while aligning with their family's values. We are committed to amplifying the voices of our parents, students, and public school initiatives.
Our mission is to promote a culture of excellence in public education by advocating for the rights of parents, the safety and security of students, and an orthodox education. We are committed to fighting for the future of our youth and the advancement of our public school system.
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It takes a great deal of work and sacrifice to build a successful enterprise. When the government seeks to derail that success, you have a right to protect the fruits of your labor. Mohrman, Kaardal & Erickson, P.A., defends family-owned businesses, small companies and nonprofits that have been sued by the government.
Our accomplished trial lawyers enable “the little guy” to stand up against the considerable power of the government, whether they are fighting City Hall, the state attorney general or a federal agency. Our team provides actionable advice and legal firepower to push back against government overreach and abuse of power to safeguard business interests and personal liberties.
Milestones
Phase - 1 - Active Funding is Aiding Ongoing Work
$48,000 The Initial Complaint (Immediate)
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Filing in the US District Court Eastern District of Michigan
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Project will start following full funding of the Milestone
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Phase - 2
$40,000 US District Court Motion Practice (1 Year)
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Motion to Dismiss, Discovery, and Summary Judgment
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Phase -3
$120,000 Trial (if required) (6 Months)
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A small number of such cases require trial. If required, we will provide trial preparation, witness lists, exhibit lists, pre-trial motions, trial and post-trial motions
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Phase -4
$40,000 Appeal (if required) (1 Year)
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A small number of such cases require Appeal. If required, we will provide notice of appeal, principal brief, reply brief, and oral argument
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Project Milestone Fees include a 20% Administrative Expense which covers items including website, legal, accounting, management, and advertising.