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Illinois Appellate Court finds “Educational Malpractice” is not a recognized cause of action.

March 1, 2012

The Illinois Appellate Court issued its opinion March 1, 2012 on the issue of whether or not volunteered flight instruction of a pilot constituted “educational malpractice” and therefore should not be a viable cause of action in Illinois. Waugh v. Morgan Stanley, et al., 2012 IL App (1st) 102653 (PDF link opens in a new window). The appellate court affirmed the trial court’s sweeping decision that granted summary judgment on every negligence claim that used the term “instruct” or “train.” Justice Pucinski wrote a dissent, agreeing with our position that claims of ordinary negligence were improperly miscategorized as “educational malpractice,” and stated a question of fact remained that warrants reversal.

 

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