Lopiccolo v. American University
840 F. Supp. 2d 71
D.D.C.2012Background
- LoPiccolo sues American University (AU) and related defendants over non-renewal of his wrestling scholarship.
- Scholarship for 2005–2006 was claimed to be full; renewal was not automatic per contract.
- Letters and communications in January 2007 notified removal from team and non-renewal; partial tuition coverage through Spring/Summer 2007 noted.
- Plaintiff filed suit June 29, 2010; case transferred from Eastern District of Pennsylvania to this court in 2011.
- Court considered choice-of-law and statutes of limitations, ultimately applying D.C. law and dismissing all claims as time-barred.
- Court granted Plaintiff’s oral motion for leave to file a motion to amend, to be filed by February 2, 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicable choice-of-law rules | LoPiccolo urged Pennsylvania law should apply | DC governmental-interest analysis governs; DC law applies | DC law applies to the substantive claims |
| Are plaintiff’s claims time-barred by the statute of limitations | Claims timely under his theory | All counts barred under DC three-year limit | All counts time-barred under DC three-year statute of limitations |
| When did the applicable statute of limitations accrue | Accrual may align with filing or appeals | Accrual upon notice of termination/non-renewal in January 2007 | Accrual occurred in January 2007; deadline January 29, 2010; filed June 29, 2010, six months late |
| Leave to amend | Would like to amend for potential viable theory | Utility limited given time-barred claims | Leave to amend granted to file a motion by Feb 2, 2012; disposition reserved |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility standard for pleading; not mere conclusory statements)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (claims must plead plausible conduct, not mere recitals)
- Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487 (U.S. 1941) (use state choice-of-law rules in diversity)
- Allison v. Howard Univ., 209 F. Supp. 2d 55 (D.D.C. 2002) (discovery rule accrual for contract breach; notice accrues breach)
- Delaware State College v. Ricks, 449 U.S. 250 (U.S. 1981) (tolling; grievance processes do not toll limitations)