Andrew Miltenberg Prevails Against Princeton in Motion to Dismiss

An opinion from Judge Brian Martinotti was entered yesterday denying Princeton’s motion to dismiss numerous claims, including common law due process / fundamental fairness, breach of contract, breach of implied contract, and breach of good faith and fair dealing.

Judge Martinotti disagreed with the argument that Princeton’s policies are “not a binding, strictly enforceable contract” under New Jersey law and that “Doe has not pled facts that, if true, would show that the University violated the particular provisions…” Indeed, the facts pled in the complaint are specific and numerous, as seen in the image above.

The breach of implied contract claim survived the motion to dismiss for similar reasons:

Regarding how breach of contract claims are faring in general, it’s great to see this win after the opinion last week against Norfolk State University by Judge Rebecca Beach Smith regarding breach of contract claims in Virginia. This lawsuit is, of course, updated in our Title IX Lawsuits Database.

Thank You for Reading

If you like what you have read, feel free to sign up for our newsletter here:

About the Author

Jonathan Taylor is a Title IX advisor, the founder of Title IX for All, and the creator of its databases on Title IX litigation and enforcement.

Accused? Call Us or Book a Free Consultation

Are you a student (or a relative of a student) accused of sexual misconduct in a school disciplinary proceeding? With a thirty minute free consultation, you can schedule a call with a Title IX advisor who can discuss the allegations with you, answer questions, offer some information and advice, and discuss potentially serving as an ongoing Title IX advisor in your case.

Book an appointment using the calendar below or call ‪‪(903) 309-0332. A full description of our advisory service is available here.

More from Title IX for All

Accused Students Database

Research due process and similar lawsuits by students accused of Title IX violations (sexual assault, harassment, dating violence, stalking, etc.) in higher education.

An opinion from Judge Brian Martinotti was entered yesterday denying Princeton’s motion to dismiss numerous claims, including common law due process / fundamental fairness, breach of contract, breach of implied contract, and breach of good faith and fair dealing.

Judge Martinotti disagreed with the argument that Princeton’s policies are “not a binding, strictly enforceable contract” under New Jersey law and that “Doe has not pled facts that, if true, would show that the University violated the particular provisions…” Indeed, the facts pled in the complaint are specific and numerous, as seen in the image above.

The breach of implied contract claim survived the motion to dismiss for similar reasons:

Regarding how breach of contract claims are faring in general, it’s great to see this win after the opinion last week against Norfolk State University by Judge Rebecca Beach Smith regarding breach of contract claims in Virginia. This lawsuit is, of course, updated in our Title IX Lawsuits Database.