Legal Opinion
Keams v. Tempe Technical Institute, Inc.
Court of Appeals for the Ninth Circuit
Decided October 31, 1994No. 92-16349PublishedCited by 18 opinions
1Opinion of the Court
KLEINFELD, Circuit Judge:
This case poses one question. Does the Higher Education Act,. 20 U.S.C. § 1001 et seq., preempt state tort claims by students against school accrediting associations? We conclude that it does not.
I. Facts
The action was dismissed in district court for failure to state a claim upon which relief can be granted, pursuant to Federal Rule of Civil Procedure 12(b)(6). The district court did not reach the question of whether under state law a claim might exist. The theory of the dismissal was that, whether there would otherwise be a state tort claim or not, the federal Higher…
2Cases cited19 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- English v. General Electric Co.Supreme Court of the United States · 1990
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Bryana Bible v. United Student Aid Funds, Inc.Court of Appeals for the Seventh Circuit · 2015
- John R. Stone v. The Travelers CorporationCourt of Appeals for the Ninth Circuit · 1995
- April Brannan v. United Student Aid Funds, Inc.Court of Appeals for the Ninth Circuit · 1996
- Chicago School of Automatic Transmissions, Inc. v. Accreditation Alliance of Career Schools and CollegesCourt of Appeals for the Seventh Circuit · 1994
- Irwin v. MascottDistrict Court, N.D. California · 1999
13 more not listed; retrieve them via the Exa API.