Lynn Branham v. Thomas M. Cooley Law School, 689 F.3d 558

Branham, a tenured Cooley law professor, was terminated; contract dated Dec 21, 2005 for 2006 term.
She taught constitutional law and torts in spring 2006 despite health and preference for criminal-law teaching.
She requested a leave in summer 2006, returned, and refused to teach constitutional law; she sought criminal-law assignments.
LeDuc dismissed Branham in December 2006; contract required faculty vote on dismissal but initial vote did not occur.
District court found breach of contract and ordered a faculty conference to review dismissal; conference vote upheld dismissal; Board concurred.
On appeal, Branham challenges contract-based tenure rights, process compliance, jury trial, and remedy limitations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does Branham’s tenure exceed the contract’s term?	Branham asserts ABA standards create permanent/continuous tenure.	Contract and Policy 201 limit tenure to the one-year term; no continuous tenure.	Tenure does not extend beyond the contract term.
Did the faculty conference process comply with contract, ABA standards, and law?	Process was insufficient under contract/ABA/federal law; not fairly conducted.	Process complied with Policy 201 and applicable law; fair and sufficient.	Process complied with contract, policy, and Michigan/federal law.
Was Branham entitled to a jury trial on good cause and damages?	Due process rights and jury trial were implicated for good cause/damages.	Private-employer contract and internal grievance limit jury trial; rights waived.	No jury trial rights on good cause or damages; waiver valid; bench proceeding proper.
Is the remedy limited to equitable relief?	Damages for breach should be available for pre-concurrence period.	Contract limits remedy to equitable relief; damages not recoverable here.	Remedy appropriately limited to equitable relief.

Lindstrom v. A-C Prod. Liab. Trust, 424 F.3d 488 (6th Cir. 2005) (review standard for bench trial findings; de novo legal conclusions)
Carlson v. Hutzel Corp. of Mich., 455 N.W.2d 335 (Mich. Ct. App. 1990) (employer-defined termination procedures permissible)
Renny v. Port Huron Hospital, 398 N.W.2d 327 (Mich. 1986) (elementary fairness in termination; five factors)
Mitchell v. Frankhauser, 375 F.3d 477 (6th Cir. 2004) (due process limits in private-employer terminations)
Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985) (due process rights of tenured public employees)
Thomas v. John Deere Corp., 517 N.W.2d 265 (Mich. Ct. App. 1994) (internal grievance procedures limit judicial review)