The Aug. 13 lawsuit that Mercy College presented against former School of Business Dean, Edward Weis, and Long Island University for poaching potential business students, is still an active case. The confirmed appearance date for a trial readiness conference is Jun. 19 with Justice Gretchen Walsh, who sits in the Commerical Division and the Matrimonial section of the New York State Supreme Court, Westchester County.
As stated in a previous issue by The Impact, it is alleged that Weis had access to personal student information like full names, test scores, GPAs, emails, phone numbers, and addresses. It was reported that Weis utilized this private content of the probable freshmen and swayed nine out of the 42 to commit to LIU instead, promising more scholarship money.
According to New York Supreme Court documents, all evidentiary discovery shall be completed by Jun. 15. “Any discovery not then completed may be considered waived. The failure to provide a document or failure to provide discovery may result in preclusion.”
According to the Verified Answer document published just last month, out of the 79 paragraphs conferred in the original Verified Complaint, the defendants, LIU, have admitted to only three paragraphs set forth. Those paragraphs being information that simply stated the existence of LIU and the employment of Weis as the current Vice President of Academic Affairs.
LIU neither admitted nor denied the material proposed in paragraphs 37 through 40. Those paragraphs were comprised of information that stated that Mercy College officials, Provost Jose Herrera, and President Tim Hall, contacted Weis reminding him of his obligation to not share any confidential information he had access to during his employment at Mercy.
Defendants LIU assert in one of their seven affirmative defenses that Mercy College “has not suffered any cognizable damages and/or have failed to mitigate its purported damages.”
They additionally declared that Mercy College’s “claims for damages are barred, in whole or in part, due to plaintiff’s own culpable conduct,” as well as that the damages are “entirely speculative, arbitrary, and/or too remote.”
LIU ultimately proclaimed that “the court lacks subject matter jurisdiction of this matter.”
Following these proceedings, as of Jan. 28, Mercy College has announced a new permanent Dean of the School of Business. They have welcomed Lloyd G. Gibson, D.Sc., the former dean of the School of Business at the University of Bridgeport in Connecticut.
As with all Trial Readiness conferences, the day can proceed with either the settlement being resolved or can result in a further action of a trial. As official documents proclaim, a Trial Readiness Order will be issued to the Plaintiff (Mercy College) to which they shall serve and file a Note of Issue and Certificate of Readiness within 10 days of the date of the Trial Readiness Order.
Mercy College is actively represented by law firm, Jackson Lewis.
LIU is represented by firm, Cullen and Dykman.