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.
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Research due process and similar lawsuits by students accused of Title IX violations (sexual assault, harassment, dating violence, stalking, etc.) in higher education.
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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:
Support Our Work
About the Author
Related Posts
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.
OCR Resolutions Database
Research resolved Title IX investigations of K-12 and postsecondary institutions by the Department of Education’s Office for Civil Rights (OCR).
Attorneys Directory
A basic directory for looking up Title IX attorneys, most of whom have represented parties in litigation by accused students.
