15 Jan Virginia Multi-Claimant Actions – a Lawyer’s Case
On June 9, 2008, Avery T. “Sandy” Waterman, Jr., Esq. served suit under Virginia’s Multiple Claimant Litigation Act. The case is Gilliam v. Hampton University, et al., No. CL07-1562, pending in the Circuit Court for the City of Hampton, Virginia.
The multi-claimant action in Gilliam involves Doctor of Physical Therapy students suing their former college for lack of program accreditation. They allege that Hampton University committed breach of contract and/or constructive fraud by failing to obtain accreditation as promised, bargained and agreed.
Due to lack of accreditation, the students could not graduate on schedule and were subject to remediation workshops in Hampton and to additional courses in Florida. Thereby they suffered substantial inconvenience and earnings loss.
Hampton University moved for summary dismissal of multi-claimant action counts, asserting that the students did not have the causes of actions alleged. But those dilatory defensive pleadings were denied by Order entered on September 20, 2008; so the case currently is proceeding through discovery unto trial.