‘The Right Program for Every Student’ Is Not a Contract, Court Tells 2L
A transfer student unhappy with his “C” grade in a legal writing course has lost a lawsuit seeking to force New York Law School to change to a pass-fail system.
Plaintiff Timothy Keefe claimed he was disadvantaged when New York Law School placed him in Legal Writing II, according to the opinion by a New York trial court. He pointed to website statements such as “the right program for every student,” and said they created an implied contract of good faith and fair dealing that was violated by the school. TaxProf Blog and Adjunct Law Prof Blog had the story.
The trial court dismissed Keefe’s pro se lawsuit. It said general statements of policy don’t establish a contractual obligation, and it ruled that Keefe had not cited any specific communication from the law school establishing a contract.
“Moreover, New York courts have repeatedly refused to interfere in the academic procedures of educational institutions and cannot and will not intervene in disputes involving an educational institution’s grading system,” the opinion said.