KC Johnson Profile picture
Brooklyn College/@GC_CUNY history professor. Former Fulbright professor at @telavivuni Former track announcer at Scarborough Downs & the VT State Fair.

Sep 18, 2020, 5 tweets

Just in: Court denies @AmericanU MTD in acc'd student lawsuit, on both TIX & breach of contract grounds. W/no appellate decisions on issue from CADC, court also joins CA3, CA8, and CA9 in adopting the plaintiff-friendly CA7 Purdue TIX standard.

This was a v. strong TIX opinion, albeit one based on a v. strong complaint. Court comments on single inv'r seemingly inexplicable decision to ding credibility of acc'd student on minor issues while ignoring significant credibility concerns in accuser's story.

Court also comments on oddity of single inv'r seemingly discounting accused student's version of events simply b/c it came from...an acc'd student.

Court denies breach of contract MTD on several grounds--whether accuser's complaint violated AU's statute of limitations; whether inv'n was conducted w/basic fairness; & why acc'd student wasn't given IDs of sanctioning board members so he could consider recusal request.

Full opinion, from Judge Amit Mehta (Obama nominee), is below. KaiserDillon handled case for acc'd student.
ecf.dcd.uscourts.gov/cgi-bin/show_p…

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