No. 21-7534
Alan L. Gallagher v. Capella Education Company, et al.
Response WaivedIFP
Tags: arbitrary-capricious civil-procedure contract contract-disclaimer contract-elements educational-malpractice failure-to-state-cause-of-action motion-to-dismiss reciprocity standing university-immunity
Key Terms:
AdministrativeLaw
AdministrativeLaw
Latest Conference:
2022-04-29
Question Presented (AI Summary)
Are elements of contract properly pled (to survive motion to dismiss for failure to state cause of action)?
Question Presented (OCR Extract)
QUESTION(S) PRESENTED . Are elements of contract properly pled (to survive motion to dismiss for failure to state cause of action)? | Should universities have immunity under doctrines of Contract Disclaimer and Educational Malpractice, | where they themselves enforce contracts, and when exceptions are claimed for reciprocity, and for arbitrary, . capricious, irrational, and retaliatory behavior? | Are claimed exceptions (for arbitrary, capricious, irrational, and retaliatory behavior) a matter of fact for determination by jury?
Docket Entries
2022-09-09
Rehearing DENIED.
2022-08-18
DISTRIBUTED.
2022-05-09
Petition for Rehearing filed.
2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-04-12
Waiver of right of respondent Capella Education Company, et al. to respond filed.
2022-02-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2022)
Attorneys
Capella Education Company, et al.
Ivan Resendiz Gutierrez — Miller Nash LLP, Respondent
Ivan Resendiz Gutierrez — Miller Nash LLP, Respondent