Segal McCambridge argues in front of the Indiana Court of Appeals


Shareholder Jason Kennedy assisted by Associate Jill Felkins recently argued before the Indiana Court of Appeals in the case of Connie Brumley, et al v. Commonwealth Business College Education Corp., d/b/a Brown Mackie College. Segal McCambridge represents the Appellee, Brown Mackie College.  A link to the video of the oral argument can be found here

A summary of the case: Two sets of plaintiffs sued Commonwealth Business College Education Corporation d/b/a Brown Mackie College in two different Lake Superior Courts alleging, among other things, that Brown Mackie fraudulently represented that its surgical technology program was accredited, thereby inducing them to join the program. The Complaint stated that because Brown Mackie allegedly lacked accreditation, students completing the program were ineligible to sit for the NBSTSA certification exam. The cases were eventually consolidated before Judge Gerald N. Svetanoff. Brown Mackie filed a motion to compel arbitration, arguing that plaintiffs executed an Enrollment Agreement containing a provision requiring that any dispute be submitted to arbitration. A hearing was held, at which evidence was presented that all plaintiffs except one also executed an Arbitration Agreement separate from the Enrollment Agreement. Unlike the Enrollment Agreement, the Arbitration Agreement did not contain any representations concerning Brown Mackie’s accreditation. Judge Svetanoff reasoned that although Brown Mackie’s alleged fraud may have affected the enforceability of the arbitration provision in the Enrollment Agreement, it did not affect the enforceability of the separate Arbitration Agreement because that agreement did not contain any of the representations at issue. Accordingly, Judge Svetanoff granted the motion to compel arbitration as to all plaintiffs except the one who did not execute the separate Arbitration Agreement. Plaintiffs appeal arguing that they should be entitled to seek relief through a court of law and not through arbitration.

Here is a link to the video of the oral argument

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