Bottini & Bottini Inc. Provides Update on Lawsuit Against Everest and Heald Schools
Bottini & Bottini Inc. announces that its class action lawsuit against the Everest and Heald schools continues.
FOR IMMEDIATE RELEASE
PRLog (Press Release) - October 07, 2012 -
The attorneys at Bottini & Bottini Inc., a law firm based in San Diego, California, filed two class action lawsuits in early 2011 on behalf of former students of Everest College, Everest Institute, Everest University, Everest College of Business Technology and Health Care, Everest University Online, Heald College, and Heald Capital, LLC. The complaints, both filed in the United States District Court for the Central District of California, allege that Corinthian Colleges, Inc., which owns and operates the schools, engaged in unfair business practices and deceptive tactics in an effort to recruit students and maximize its profits at the expense of its students’ education and post-graduate employment prospects. Based on these allegations, the complaints seek to stop the defendants from continuing their unlawful business practices. Representing the plaintiffs in this lawsuit are Frank Bottini and Albert Chang of Bottini & Bottini Inc. .
In May 2011, defendants filed a motion seeking to require that the claims be pursued in arbitration instead of in court. On October 6, 2011, Judge David O. Carter issued an order requiring that the claims for monetary relief be determined through arbitration, but allowing the claims for injunctive relief to go forward in court.
On November 23, 2011, defendants moved to stay the proceedings pending an appeal filed with the Ninth Circuit Court of Appeals. Plaintiffs opposed the motion, arguing that a stay would conflict with the public interests of promoting consumer protection and prohibiting fraudulent business practices.
On January 05, 2012, Judge Carter issued an order denying defendants’ motion. Judge Carter ruled that the claims for injunctive relief would proceed. Subsequently, however, defendants appealed that order to the Ninth Circuit Court of Appeals, which reversed the order on the basis that Plaintiffs had signed an arbitration clause when they enrolled in school and thus had to pursue any claims, including claims for injunctive relief, in arbitration.
As a result of the Ninth Circuit's order, we no longer can represent any former students of Everest College, Everest Institute, Everest University, Everest College of Business Technology and Health Care, Everest University Online, and Heald College. If you believe you have a claim against the school(s) and desire to pursue a claim, you should hire an attorney in your area who specializes in arbitration and file a claim.
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Bottini & Bottini Inc. is a boutique trial law firm in San Diego, California, focused exclusively on complex class action cases. For more information, please visit www.bottinilaw.com.
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