Failing Grades in Medical School • Collateral Estoppel on Breach of Contract
Ke v. Fry, PICS Case No. 16-1459 (C.P. Philadelphia Oct. 24, 2016) New, J. (12 pages).
Medical student who failed courses, clinical clerkships, and remedial shelf tests, and was dismissed from the program, sued the medical school and several of its instructors and administrators in 2011 for breach of contract. In 2013, the Eastern District Court entered summary judgment for the defendants, which was affirmed by the Third Circuit in March 2016. The current case against the university president, defendant John Fry, and 10 others alleged violations of the Unfair Trade Practice and Consumer Protection Law (UTPCPL). The defendants filed preliminary objections which were sustained on Aug. 10, whereupon the ex-student appealed.
