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 (from Petition)
Are elements of contract properly pied (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?
Question Presented (AI Summary)
Are elements of contract properly pled (to survive motion to dismiss for failure to state cause of action)?
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
Capella Education Company, et al.
Ivan Resendiz Gutierrez — Miller Nash LLP, Respondent