A decision issued today in the Court of Appeals of Indiana will send a dispute between our client, Brown Mackie College, and three of its students, to arbitration.
Three students brought a complaint against Brown Mackie regarding the terms of their enrollment agreement. That agreement included a supplemental form that called for any disputes arising out of the agreement to be settled through arbitration.
Judge Gerald N. Svetanoff of the Lake Superior Court had granted Brown Mackie's motion to compel arbitration. The plaintiffs appealed, seeking to take the dispute to trial. They argued that misrepresentations they alleged Brown Mackie had made in the enrollment agreement invalidated the whole of the agreement, including the supplemental agreement to arbitrate.
The appellate court ruled in favor of Brown Mackie, finding that any dispute over the terms of the enrollment agreement was just the sort of thing that both parties had fairly agreed at the onset of their relationship to arbitrate.
Jason Kennedy and Jill Felkins of Segal McCambridge represented Brown Mackie. You can read the opinion here.