Martin Odemena, a former law student at the Massachusetts School of Law, has taken the school to court over a D that he received in contracts. Odemena maintains that Professor Joseph Devlin clearly stated in his syllabus that a quiz would not count toward the final grade and then counted the score. It is an ironic position for Devlin (left) who specializes in drafting contracts. The result was that Odemena was suspended for academic performance and was unable to transfer to another school. He is suing for more than $100,000. The case is Odemena v. Devlin et al.
The lawsuit has been brought under the state consumer protection law, but faces a huge challenge. Such issues are generally left to the discretion of schools and particularly the professor. Moreover, law professor Peter Malaguti who acts as the school’s general counsel, investigated and found that Devlin told students during the first class that the quizzes would count for the grade. This statement was found in the notes of another student. Thus it is a conflict between the written description and a later oral amendment made in class.
A motion to dismiss seems likely and it would be quite an achievement if Odemena even made it to discovery in such a case.
Source: ABA Journal