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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
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1 Posted by firsty | Permalink Wednesday, December 5, 2007 2:47 PM

figgity first!!!

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2 Posted by Anonymous | Permalink Wednesday, December 5, 2007 2:55 PM

What an ingrate. And what terrible judgment! How could he not expect this to damage his TTT legal career?

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3 Posted by Anonymous | Permalink Wednesday, December 5, 2007 2:56 PM

Nice try, douchbag.

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4 Posted by guest | Permalink Wednesday, December 5, 2007 2:56 PM

Why did this guy even bother filing this suit? I guess he has nothing else to do with his time.

SMU wasn't just giving him free tuition, it was giving it as part of a program just like any other student would have to pay. At my school, when you visit another you pay the other school's tuition rate and then also have to pay a matriculation fee.

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5 Posted by guest | Permalink Wednesday, December 5, 2007 2:58 PM

So the guy is studied at SMU (in Dallas) when Loyola shut down due to Katrina? How could that unjustly enrich Loyola? Loyola presumably had to pay something to SMU, and this guy graduated "without delay". What a jerk.

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6 Posted by anon | Permalink Wednesday, December 5, 2007 3:01 PM

An ingrate? No, just an econ major. See e.g., Robert H. Frank, Thomas D. Gilovich & Dennis T. Regan, "Do Economists Make Bad Citizens?" 10 Journal of Economic Perspectives 187-92 (1996). The topic is now a major thesis category for economics graduate students.

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7 Posted by guest | Permalink Wednesday, December 5, 2007 3:03 PM

dude, where are the damages?

what an idiot

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8 Posted by guest | Permalink Wednesday, December 5, 2007 3:08 PM

This dude should be drawn and quartered.

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9 Posted by Fast Eddie P. | Permalink Wednesday, December 5, 2007 3:16 PM

This loser is p-town material. Where the "p" stands for "pound."

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10 Posted by A-NON | Permalink Wednesday, December 5, 2007 3:24 PM

I mean really, this boy needs a cajun-styled can of whoop-ass opened on him. Nice link to his bio and email Lat, this idiot is going to have one full email box.

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11 Posted by Anonymous | Permalink Wednesday, December 5, 2007 3:30 PM

Schools like Loyola, Hofstra and Cumberland should be shut down! This sh*t wouldn't be happening!

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12 Posted by Ovary Bell | Permalink Wednesday, December 5, 2007 3:32 PM

P-town to 35k and a taylor pork roll!!!!

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13 Posted by TTT_STUD | Permalink Wednesday, December 5, 2007 3:37 PM

Back at my TTT school, law students sued crap schools like SMU and Loyola all the time, it was no big deal.

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14 Posted by Brian Branch | Permalink Wednesday, December 5, 2007 3:40 PM

"Wait, wait...So What you're saying is that just because I went to a school that costs more than what I paid for the semester, Loyola credited me all of the credits I earned there, and I have no damages... I don't have a cause of action? That's crazy!"

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15 Posted by guest | Permalink Wednesday, December 5, 2007 3:42 PM

3 words for this guy:

YOU A HO

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16 Posted by guest | Permalink Wednesday, December 5, 2007 3:46 PM

It's cute that he still lists all his law school mock trial "credentials" in his firm bio.

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17 Posted by guest | Permalink Wednesday, December 5, 2007 3:47 PM

This sounds like the perfect case for assessing attorneys' fees against the loser.

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18 Posted by Anonymous Partner | Permalink Wednesday, December 5, 2007 3:56 PM

There will always be unbelievably greedy lawyers.
There will always be unbelievably stupid lawyers.

It would be nice if there wasn't this much overlap between the two groups...

As an aside, how can someone who makes an argument like that be of sufficient moral character to be admitted to the bar?

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19 Posted by guest | Permalink Wednesday, December 5, 2007 3:58 PM

Long time reader, first time commenter here. . .

All because I have to say - this guy is such an ass.

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20 Posted by guest | Permalink Wednesday, December 5, 2007 4:12 PM

The problem is this...three weeks after school started both New Orleans law schools were closed due to Hurricane Katrina. Many law schools across the country opened their schools and their hearts to these students, offering them a semester of free tuition. Yes they were visiting students, BUT Tulane and Loyola did not pay anything for those students to go there. Normally they would have to pay for the visiting student – but they did not pay one penny. Tulane and Loyola also got money from the government for lost tuition and insurance money for the buildings, however they still required all students to pay full tuition with the threat that they would not accept the credits from the other schools if the students did not pay the tuition, thus students would not be able to graduate. Tulane and Loyola took advantage of the generosity of these other schools for their own gain, when those schools were trying to help out the students. To give you some perspective of what these students went through….when the students found new law schools to attend for the semester, they discovered that all financial aid money had already been sent to Tulane and Loyola and hadn’t been distributed yet. So these students who depended on financial aid to live off of and pay for law school, like most students, now had no money. Do you think Tulane or Loyola helped those students get that money? No, that money was kept by the schools until the following semester when the students returned to New Orleans, no doubt collecting thousands in interest – so more money gained by the schools at the student’s expense. Many students were broke, homeless, lost everything they owned, had to rebuy text books for the new schools, four weeks late to a new law school and struggled to catch up…and not to mention the emotional toll of all this. Those that were lucky enough not to lose their homes found themselves in a situation where they had to pay rent in two places – New Orleans and their new home. No one dared give up their apartments because of the housing shortage in the city after the hurricane. It was a very costly and emotionally difficult semester from the majority of the displaced New Orleans students. Many wanted to sue and found it very unfair that they had to pay tuition. Yes this particular guy appears to have gotten a “deal” by going from a third tier school to a first tier school…but many Tulane students (first tier) were forced to go to third tier schools. You had to go to school wherever you could find a place to live. Those students paid $16,000 for a $3,000-$5,000 education. Hardly a “deal.”

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21 Posted by guest | Permalink Wednesday, December 5, 2007 4:14 PM

What I don't agree with is the argument that he got a "Tier 1" education for the price of a "Tier 3." That's bullshit and insulting to any Tier 3 school (which, thank God, I did not have to subject myself to).

What this guy should have argued was that he was damaged when Loyola had the nerve to get hit by Hurricane Katrina. I'm sick of these Mother Fucking Hurricanes taking out Mother Fucking Tier Three Law Schools!

My friends and I tried filing a similar class action when we were in high school. Wasn't a big deal.

Did I mention I can bench 285, and it used to be 345 when I was on steroids?

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22 Posted by glad you have more information | Permalink Wednesday, December 5, 2007 4:22 PM

I was one of those Tulane students. I was one of the many who thought it was unfair and I was proud that this Loyola student had the courage to stand up and try to do something about it. Many of us knew that no judge in Louisiana would force the schools to give us our money back so we didn't bother. I am sorry that this guy is now being called names when he was one of the only ones with courage to at least try.

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23 Posted by guest | Permalink Wednesday, December 5, 2007 4:29 PM

I was one of the Tulane students that went to a third tier school. I found that the quality of the school and the professors was excellent. I am not knocking the schools. What I am knocking is the price of tuition. If Tulane would have had to pay that school for the tuition for a visiting student - which would be the normal situation - they would have paid $4500. So why did I have to pay Tulane $16,000??? AND like the comment above states, Tulane did not pay one penny of that tuition.

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24 Posted by not knocking schools | Permalink Wednesday, December 5, 2007 4:31 PM

I was one of the Tulane students that went to a third tier school. I found that the quality of the school and the professors to be excellent. The school, students, and professors were very good to me. I am not knocking the schools. What I am knocking is the price of tuition which is substantially different from a first tier to a third tier school. If Tulane would have had to pay that school for the tuition for a visiting student - which would be the normal situation - they would have paid $4500. So why did I have to pay Tulane $16,000??? AND like the comment above states, Tulane did not pay one penny of that tuition.

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25 Posted by guest | Permalink Wednesday, December 5, 2007 4:34 PM

re: 4:12

Perhaps the Tulane students who got shafted as you describe would be better able to articulate a cause of action. . .

I still don't see the bitch though, its not like any of the diploma's came with the NOAA Hurricane symbol on them as an asterisk to make sure everyone knows the hurricane screwed with them. It still says "TULANE" or "LOYOLA" doesn't it?

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26 Posted by guest | Permalink Wednesday, December 5, 2007 4:34 PM

4:12 - Even if everything you say is true, it would be the schools who took in the students for free that might have a cause of action against Loyola/Tulane for unjust enrichment, not the students. The students got just what they agreed to pay for--a JD from Loyola/Tulane.

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27 Posted by t1 student | Permalink Wednesday, December 5, 2007 4:38 PM

weird that his 7 attorney firm lists essentially every possible practice area

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28 Posted by guest | Permalink Wednesday, December 5, 2007 4:44 PM

4:12, your "explanation" also falls short of holding any water as a legal claim. If you haven't suffered any injury, you have no standing.

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29 Posted by anon | Permalink Wednesday, December 5, 2007 5:13 PM

Do any Loyola students actually like their school?

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30 Posted by guest | Permalink Wednesday, December 5, 2007 5:22 PM

Look. The jerk off paid Loyola tuition even though the school was damaged by the hurricanes. SMU gave the displaced students the units they needed to graduate. Who knows what the financial arrangement between SMU and Loyola was. Maybe SMU said fuck it, Loyola needs the money more than we do. The student has no right to complain that Loyola was unjustly enriched for keeping money even if they didn't provide classes or professors, that's a deal that SMU and Loyola worked out. So this greedy ass student should shut his f'n pie hole. He has NO cause of action. If he wasn't so stupid, he'd realize it.

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31 Posted by guest | Permalink Wednesday, December 5, 2007 6:33 PM

Read his bio (emphasis added): "He LEAD his team to the semi-finals in competitions in Texas and Louisiana."

Can't even get simple grammar right. What a TTT firm.

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32 Posted by guest | Permalink Wednesday, December 5, 2007 6:45 PM

Tier talk is tired and if there is anyone out there that knows the La. market they would know that tiers don't matter. It's LSU, Tulane, Loyola, then anywhere else, in that order.

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33 Posted by guest | Permalink Wednesday, December 5, 2007 7:51 PM

4:12--

Did the schools stop paying professors and staff? Where did the money go? If this was such a crime by the schools, what happened to those tuition payments? I'm asking this for real, not as an accusation, if you have any info. I would find it hard to believe, though, that a law school could just pocket that kind of cash without raising a stink with more than just the student body.

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34 Posted by LoyolaGradGirl | Permalink Wednesday, December 5, 2007 10:15 PM

hey, its true the schools make huge amounts of money off of this. the loan companies make huge amounts of money and now all these students will have to pay all the interest, even though they were really receiving free tuition from the other schools. there were plenty of students that went to places like lsu, which is nowhere near the price!!!

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35 Posted by LoyolaGradGirl | Permalink Wednesday, December 5, 2007 10:16 PM

hey, its true the schools make huge amounts of money off of this. the loan companies make huge amounts of money and now all these students will have to pay all the interest, even though they were really receiving free tuition from the other schools. there were plenty of students that went to places like lsu, which is nowhere near the price!!!

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36 Posted by guest | Permalink Thursday, December 6, 2007 8:56 AM

LoyolaGradGirl:

Evidence for statement "its [sic] true the schools make huge amounts of money off of this"?

What do the loan companies have anything to do with it? They are loan companies, not law schools.

Justify wild opinions, please.

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37 Posted by Jeff | Permalink Thursday, December 6, 2007 9:42 PM

People lost jobs, homes and family. Students got to study at another school. Sure it wasn't fun or easy. But neither was Katrina.

We should be supporting our schools, which are the backbone of the city, not suing them with frivolous litigation.

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38 Posted by guest | Permalink Friday, December 21, 2007 11:53 AM

"Tier talk is tired and if there is anyone out there that knows the La. market they would know that tiers don't matter. It's LSU, Tulane, Loyola, then anywhere else, in that order."

Is actually incorrect

LSU is best if you're looking for BR on west; Loyola and Tulane are both very competitive in the NOLA market with many Tulane people losing out on jobs because of a lack of connection to NOLA. Then everywhere else. This coming from someone who was from somewhere else.

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39 Posted by guest | Permalink Wednesday, December 26, 2007 4:47 PM

He doesn't work for that firm anymore, so you can email him all you want there. I know Brian B personally, and there are 2 things you can say about him:

1) He's an EPIC douche bag. I mean massive levels of douch baggery.

2) He's a really good attorney already, from people I've talked to. Kid is going to be good.

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40 Posted by King | Permalink Friday, December 28, 2007 3:23 PM

Brian Branch??

I can't stand that guy. He thinks he's so cool with his dress shirts with a little whale on them. Forget that guy.

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41 Posted by Branch | Permalink Friday, December 28, 2007 3:31 PM

Does anyone posting comments about me have a job? Go back to work and quit worrying about my lawsuit!

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42 Posted by Jaeger Bomb | Permalink Friday, December 28, 2007 3:41 PM

WHAT? I eat lawsuits like this for breakfast, lunch and dinner. And yeah, I pop my collar.

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43 Posted by Branch | Permalink Friday, December 28, 2007 3:47 PM

Keep talking trash about me and I'll sue you too!

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44 Posted by Candi from Rick's | Permalink Friday, December 28, 2007 4:11 PM

He is sue happy. He tried to sue me for giving him a little case of herpes.

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45 Posted by Branch | Permalink Friday, December 28, 2007 4:28 PM

Candi, I thought I paid you enough not to go public with said information? This breach entitles me to free lap dances.

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46 Posted by King | Permalink Friday, December 28, 2007 4:46 PM

Do you haters feel big and smart when you post snarky comments on ATL pretending to be Biglaw associates? Enjoy your future careers in asbestos defense.

If you're unlucky enough to have to face him in court, Branch will leave you wondering what fell on you. N'awlins represent, YA HERD ME DAWG!

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47 Posted by guest | Permalink Thursday, June 12, 2008 4:34 PM

I wish I was cool enough to drive a Jag like Brian Branch.

That guy is soooooo cool. I think he's still trying to sell his house, if anyone is interested.

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