Last month, Patricia Hamill filed a lawsuit against the University of Notre Dame on behalf of “John Doe” alleging that Notre Dame unfairly expelled him just a few weeks before he was slated to take his last two finals and graduate. After filing his suit, Doe moved for a temporary restraining order and preliminary injunction permitting him to take his last two finals. Doe’s efforts were successful, and the court granted his preliminary injunction. Last week, Judge Simon ordered Notre Dame to administer Doe’s last two finals, minimizing the disruption to Doe’s education should his suit succeed. While Doe raised several claims in his complaint, the opinion only discusses Doe’s breach of contract claim. While the entire opinion is worth a read, particularly for due process litigators, I’d like to focus on two particular issues: the right to active counsel and a plaintiff’s choice of remedies.
thefire.org By Brynne Madway