Add RSS RSS

Lawsuit of the Day: Bad News for an Ex-Loyola 3L

Brian Branch Loyola Law School Above the Law blog.jpgThe clean-cut and appealing Brian Branch, a recent graduate of Loyola Law School in New Orleans, looks pretty happy in the picture at right. We’re guessing it was taken before his lawsuit got dismissed. From the ABA Journal:

A New Orleans federal judge has tossed a lawsuit by a Loyola University New Orleans law grad who sought the refund of tuition that enabled him to receive free classes at another law school.

Plaintiff Brian Branch, now a Louisiana lawyer, took advantage of an offer made after Hurricane Katrina to attend classes at Southern Methodist University for free as long as he paid Loyola tuition. Loyola accepted Branch’s SMU credits, and he graduated without delay, according to the opinion by U.S. District Judge G. Thomas Porteous Jr.

Branch’s class-action lawsuit had sought the refund of tuition paid for the fall 2005 semester when the school was closed because of Katrina damage. He alleged breach of contract and unjust enrichment.

But Porteous noted that Branch would have had to pay a higher rate of tuition at SMU if he did not participate in the visiting students program and said Branch himself would be unjustly enriched if Loyola were forced to reimburse his tuition payments.

An SMU education for Loyola tuition? Maybe not a bad deal. SMU is #46 in the U.S. News rankings, while Loyola - New Orleans is Tier 3. And Loyola’s tuition is lower by a few thousand dollars a year.

Also, welcome back to Judge Porteous. He has returned to the federal bench, after the conclusion of what the New Orleans Times-Picayune called “the long criminal investigation into his personal bankruptcy and possible misdeeds while a federal and Jefferson Parish jurist.”

Excerpts from the opinion are collected at TaxProf Blog by Professor Paul Caron.

Loyola Law Grad Irked by Katrina Accommodation Loses Suit [ABA Journal]
District Court Grants Summary Judgment in Lawsuit by Former 3L Displaced by Hurricane Katrina [TaxProf Blog]

Comments

Comments hidden for your protection. Show them anyway!

Post Your Comment