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“The Mattress Performance” Spawns Lawsuit That Raises Some Eyebrows About Pleading Style

Posted by Nicholas O'Donnell on May 4, 2015 at 7:35 AM

Columbia University has been at the center of the growing conversation about campus life and sexual assault in the past year, and now is the target of a new lawsuit by a student accused of misconduct. The case spotlights the collision between free expression and disparagement and the often uneasy balance between them. It also raises some questions about the level of intimate detail included in the documents in a case that is not actually about that conduct, but rather about an educational atmosphere. Nothing in the following article should be read as an adoption of any particular version of events.

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Topics: sexual assault, Jon Kessler, Columbia University, Mattress Performance/Carry That Weight, Performance Art, Title IX, Paul Nungesser, motion to strike, Federal Rules of Civil Procedure, Litigation, university disciplinary board, First Amendment, U.S. Department of Education Office of Civil Right, The Mattress Performance, Emma Sulkowicz

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The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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