OGDENSBURG — The Academy at Ivy Ridge has objected to a federal judge's recommendation that parents of former students and the students should be partially certified as a class in a lawsuit over credits and diplomas earned at the school.
The academy contends in U.S. District Court documents that U.S. Magistrate Judge George H. Lowe's April 22 recommendation for class certification must be set aside because it is both "clearly erroneous" and "contrary to law."
Several parents sued the school for troubled teens in July 2006, claiming that credits and diplomas awarded by Ivy Ridge were worthless because the school was not accredited. The parents sought class certification on behalf of all parents of Ivy Ridge students who enrolled their children there under the apparent belief it was a fully accredited school.
Senior Judge Thomas J. McAvoy, ruling in April 2007, denied a motion for class certification, but he gave the parents an opportunity to renew their motion pending results of a hearing on the matter. An evidentiary hearing was held in August, with additional oral arguments heard in January. Following that, Judge Lowe issued his 27-page recommendation and gave Ivy Ridge until Tuesday to file an objection.
Ivy Ridge claims Judge Lowe's recommendation was based on case law which, while dealing with issues of partial class certification, was not appropriate to establish precedent for allegations brought in the parents' lawsuit.
The parents' main complaints involve federal Racketeer Influenced and Corrupt Organizations Act claims and fraud, whereas the cases cited by Judge Lowe deal with neither issue, according to Ivy Ridge's objections. The school claims a federal court recently denied class certification in a RICO case.
At issue is who was potentially harmed by the school's lack of accreditation, to what extent they were harmed and, if harmed, what damages may be established.
The parents contend every parent who had a student at the school between November 2001 and August 2005, as well as the students, should be eligible to participate in a class-action suit. The parents claim they relied on information provided by the school regarding its accreditation when making the decision to send their children there.
Ivy Ridge counters that the parents have not proven that all parents sent their children to the school because of its ability to grant credits or award diplomas. Citing a statement by an attorney representing the parents, the school maintains some parents "had no interest in education" and "may have sent their children to Ivy Ridge in order for them to become functioning human beings."
The school also claims, among other things, that the parents have not shown that every parent viewed or received any alleged misrepresentations about accreditation or high school diplomas, so these parents cannot claim they were injured by the misrepresentations, and thus lack standing to participate in the lawsuit.
By filing its objection, Ivy Ridge has preserved its right to an appellate review of any decision regarding class certification.
