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Goldberg, Stopar and Markakis Prevail for School Board

4/30/12

Eastman & Smith members Stu Goldberg, Jeffrey M. Stopar and Maria Limbert Markakis recently won summary judgment and then an affirmance in the court of appeals on behalf of a school board in Northwest Ohio. The Board was sued on multiple claims by 17 adult education students claiming that a green energy program was inadequate or did not meet the students' expectations based on marketing materials released prior to their enrollment. Both courts and the defense relied on a line of cases finding that Ohio does not recognize educational malpractice. The defense also established that, as a school board and political subdivision, the defendant was immune from certain of the claims.