Towson University v. Conte

The majority opinion, Chief Judge Bell’s dissenting opinion, the courts below, and the parties, all treat this case as an appropriate common law breach of contract action which was timely filed. The majority takes the position that this “breach of contract” action is controlled by the so-called business *112judgment rule, i.e., “the strong judicial policy against interfering with the business judgment of private business entities.” Opinion at 76, 862 A.2d at 945, emphasis added. This action, however, does not involve the business judgment of a private entity. The defendant Towson University is a…