Appellate Team Wins Appeal on Behalf of Community College

Appellate attorneys Janet Schroer and Blake Fry won an appeal on behalf of a community college district from a judgment for $1 million in noneconomic damages on a breach of contract claim. In Gililland v. Southwestern Oregon Community College District, a jury found in favor of a former student on a claim that the district breached contract by not following its anti-discrimination policy in resolving her grade dispute. The jury awarded the student $1 million in noneconomic damages to compensate her for the alleged resulting emotional distress and reputational harm. The Ninth Circuit vacated that award, holding that in Oregon noneconomic damages are generally not recoverable in contract, and that none of the exceptions the student had invoked were applicable.