DuPage Co. (ECWd) -
Andrew Porter of DrinkerBiddle law firm has filed a Reply Brief in the Federal Court of Appeals in the Seventh District as lead counsel for the College of DuPage. It is worth the read and appears to make it very clear, former COD Dr. Breuder has failed to meet the burden necessary to overcome a motion to dismiss on numerous counts.
"In Fall 2015, the legality of Breuder’s many contract provisions designed to tie the hands of future boards was not clearly established. In fact, to the extent any cases had considered the question, a long line of authority held that contracts like Breuder’s were void. Nor had the law clearly established that the opinions expressed by each of the Trustees (many of which were made in the run up to a very public and heated election) were defamatory. In light of this lack of clarity, the district court’s judgment should be reversed. Otherwise, the individual Trustees will be required to become the very “constitutional law scholars” this Court warned against. Levenstein, 164 F.3d at 351. Accordingly, and for all of the reasons stated herein, the Trustees each respectfully request that this Court reverse the judgment of the district court and dismiss Counts I, II, and VI against the Trustees."
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