45 F. Supp. 3d 9
D.D.C.2014Background
- Paulin enrolled in GWU's PA program; relationship governed by the Bulletin.
- Evidence-Based Medicine (EBM) I required; EBM II/III were online courses that were not taught but awarded A grades.
- By Aug 2010, Paulin completed all requirements except final clinical rotation and final cum exam; she was dismissed for insufficient medical knowledge and interpersonal issues.
- Paulin filed a 2012 complaint alleging contract breach and breach of the implied covenant; no claim that EBM II/III failure itself breached contracts.
- Trial in Sept. 2013 resulted in a verdict for defendant on both counts; a motion for new trial was filed Oct. 2013 and denied.
- Court applied deferential academic-dismissal standard (Alden) to analyze the implied covenant claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jury instruction on the implied covenant was error | Paulin argues Alden-based instruction focus on dismissal; prevents consideration of EBM failures. | Court correctly instructed under Alden; standard governs academic dismissals; objection timely. | Denied; instruction proper and non-prejudicial. |
Key Cases Cited
- Alden v. Georgetown Univ., 734 A.2d 1103 (D.C. 1999) (deferential standard for academic dismissal; improper to substitute broad bad-faith proof for professional judgment)
- Allworth v. Howard Univ., 890 A.2d 194 (D.C. 2006) (applies Alden deferential standard to covenant claims in academia)
- Youngberg v. Romeo, 457 U.S. 307 (U.S. 1982) (professional judgment and safety standards in evaluating state action)
- Czekalski v. LaHood, 589 F.3d 449 (D.C. Cir. 2009) (harmless error standard for jury instruction challenges)
- Lorazepam & Clorazepate Antitrust Litig., 467 F. Supp. 2d 74 (D.D.C. 2006) (timing/availability of objections; scheduling matters permitted under Rule 51)