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NM Court of Appeals Schedules April 18, 2017 10:00 AM Hearing

April 3, 2017 - Jen Laws

The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Tuesday, April 18, 2017. The oral argument is open to the public and begins at 10:00 A.M.

A three-judge panel will preside: Chief Judge Linda M. Vanzi (’95), Judge Jonathan B. Sutin (’63), and Judge Julie J. Vargas (’93).

Following are the details of the case:

AMY AVALOS, CHELSIE CARTER, SHELBY HUGHES, MARCELLA MADRID, MARGARITA MELENDEZ, FRANCINE SIMMS, JEAN SMITH, and ANGELA CAVENDER, on behalf of themselves and all others similarly situated, Plaintiffs-Respondents, represented by Rob Treinen, Joleen K. Youngers, Lawrence M. Pickett

vs.

BOARD OF REGENTS OF NEW MEXICO STATE UNIVERSITY in its capacity as the body politic for NEW MEXICO STATE UNIVERSITY and DONA ANA COMMUNITY COLLEGE, Defendants-Petitioners, represented by Cody R. Rogers and Luke A. Salganek

In 2012, the National League for Nursing Accreditation (NLNAC) informed Dona Ana Community College (DACC), a branch of New Mexico State University (NMSU), that its Associate’s Degree-Nursing (AND) program was being denied continuing accreditation. DACC continued to maintain New Mexico Board of Nursing accreditation, allowing ADN students to sit for licensure exams and become registered nurses, but students could no longer claim to have graduated from a NLNAC-accredited program. The affected students brought a claim for breach of contract based on DACC’s student handbook and other writings. DACC’s motion for summary judgment argues that no written contract exists and that the claim for breach of contract must fail because this claim is an impermissible claim for educational malpractice. The Defendants-Petitioners appeal the trial court’s denial of their motion for summary judgment.

For more information, contact Nora Gonzales at 505-841-4618.