No. 21-7534

Alan L. Gallagher v. Capella Education Company, et al.

Lower Court: Ninth Circuit
Docketed: 2022-04-05
Status: Denied
Type: IFP
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
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

Alan L. Gallagher
Alan L. Gallagher — Petitioner
Alan L. Gallagher — Petitioner
Capella Education Company, et al.
Ivan Resendiz GutierrezMiller Nash LLP, Respondent
Ivan Resendiz GutierrezMiller Nash LLP, Respondent