Armstrong v. Clarkson College

In this breach of contract action brought by Kelly Armstrong (Plaintiff), a former student at Clarkson College (Defendant), the Supreme Court reversed the district court’s denial of Defendant’s motion to set aside a jury verdict in favor of Plaintiff in the amount of $1 million or, in the alternative, for a new trial. Plaintiff was placed on probation and then administratively withdrawn from the school. On appeal, Defendant argued that the district court erred by refusing to give Defendant’s requested jury instruction on Plaintiff’s alleged failure to fulfill a condition precedent by not exhausting the college’s grievance procedure. The Supreme Court agreed and remanded the case for a new trial, holding that the district court committed reversible error in failing to instruct the jury on the issue of Plaintiff’s alleged failure to fulfill a condition precedent by not exhausting Defendant’s grievance procedure. View "Armstrong v. Clarkson College" on Justia Law