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Ed Kaplan was recently affirmed by the First Circuit Court of Appeals.

Sunday, August 27, 2017   (0 Comments)
Posted by: Jackie Peiffer
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Edward M. Kaplan, Sulloway & Hollis, P.L.L.C., Concord, New Hampshire was recently affirmed by the First Circuit Court of Appeals in the case of Annalia Montany v. University of New England and Scott McNeill. The First Circuit Court affirmed the decision of the United States District Court for the District of 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 of 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.

The decision can be found at http://caselaw.findlaw.com/us-1st-circuit/1862241.html.


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