Tuesday, July 3, 2018
I previously blogged about the lawsuit by the Pearson Family Members Foundation and Thomas L. Pearson against the University of Chicago relating the University's alleged failure to abide by the terms of a grant agreement for the creation and funding of The Pearson Institute for the Study and Resolution of Global Conflicts and The Pearson Global Forum. The United District Court for the Northern District of Oklahoma has now ruled on the University's motion to dismiss. Applying New York law, as required by the agreement, the court granted the motion with respect to a fiduciary duty claim because a fiduciary relationship did not exist between the grantor and the grantee and with respect to a fraudulent concealment claim because it was superseded by a breach of contract claim. The court did, however, allow not only the breach of contract claim but also a breach of duty of good faith and fair dealing claim and an anticipatory retaliation claim to proceed. Stay tuned for further developments.