Edward Kaplan and William Pandolph Prevail in First Circuit Case on Behalf of a Maine University

The First Circuit Court of Appeals recently affirmed the decision of the United States District Court in Maine awarding summary judgment to the University of New England and one of its professors who was alleged to have injured a student while negligently conducting a test required for occupational therapy students to demonstrate that they had achieved certain skills.

In an important decision for educational institutions, the Court found (generally) that expert testimony is required to challenge testing procedures developed to evaluate the skill set of students in a professional program.  The Court also refused to adopt “a fixed standard or standards” governing any particular contractual relationship between a private university and its students and rejected the student’s effort to expand Maine law on the implied covenant of good faith and fair dealing.

Edward Kaplan and William Pandolph represented the University and its professor.  Sulloway has a long track record of representing educational institutions.