Third Athlete Class Action Against UNC Chapel Hill Dismissed

On January 12, Judge Eric C. Morgan of the Durham County Superior Court dismissed a case against Skadden client University of North Carolina at Chapel Hill (UNC) for failure to state a claim. The putative class action alleged, among other things, that the university breached its contract and duties with student-athletes because they purportedly were denied a high-quality education and directed to low-quality courses while attending UNC. The judge found that the plaintiffs’ claim was ultimately for “educational malpractice,” which the North Carolina Court of Appeals affirmed is a cause of action not recognized under North Carolina law in related litigation also handled by Skadden.