Loyola Law Grad Irked by Katrina Accommodation Loses Suit

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Loyola Law Grad Irked by Katrina Accommodation Loses Suit

Posted Dec 5, 2007, 10:37 am CDT
By Debra Cassens Weiss

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 (PDF posted by the TaxProf Blog) 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.

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