Every change agent knows this: Keep the story alive. So, it's good news, at least for us eager for the higher education game to be reformed, that the Trina Thompson lawsuit saga is still out there. As everyone know, this April graduate didn't get a job. She is suing her alma mater for-profit college Monroe for her tuition.
The influential NEW YORK MAGAZINE, for example, links to an article by Mark Gimein about this. That article has several comments. Gimein's point is that obviously these implicit - unfortunately for legal redress not usually explicit - promises made to naive and/desperate students have to be investigated. Buyers have to be made aware.
No one assesses that Thompson has a strong case. It will probably come down to contract law and higher education is clever about describing what consumers will receive. But increasingly, now that the shock and giggling have died down, reasonable people are seeing some merit in bringing this situation to the attention of regulators as well as colleges themselves. Like Martin Luther, Thompson might have set off a revolution.
In all candor, I rather doubt it. Very weak contract law argument. Implied K that she get a job? Based on what? Advertising materials? Ever hear of puffery? Case DOA. Even were she somehow to find judge/jury willing to buy her case, she better cash in bigger than tuition she's suing for, because she has probably killed her future employment chances with the publicity from this case, Perhaps she can land job with personal injury attorney, one of those strip mall late night TV ad characters.
Posted by: Mike the Law Prof | August 26, 2009 at 03:16 PM