Paul Mazeski, Shareholder in the firm's Labor & Employment section, and Curtis Schaffner, Associate, successfully defended Seton Hill University against a breach of contract claim. In his opinion, the judge dismissed the case with prejudice on the grounds the plaintiff failed to identify any specific duty that was breached when Seton Hill dismissed him from its Physician's Assistant Program.
In particular, the Court held that the plaintiff failed to state a claim where the University's express reason for his dismissal was "failure to meet the professional/technical standards of the program" – which match the University's Technical Standards Form and Catalog – despite the fact that he maintained a 3.0 grade point average and alleged he did not violate any ethical standards.
The Court also rejected his bad faith and due process arguments.
It is rare to have a case dismissed at this stage and the early dismissal substantially reduced litigation costs for the client.