Poor Andrew Giuliani. First, he gets cut from the Duke golf team. Then he sues to get back on the golf team. And now the judge not only rules against him, but subjects him to abject golf-metaphor humiliation.
Some excerpts from the judge’s opinion:
Plaintiff tees up his case by alleging that his dismissal from the Duke golf team was a “secret expulsion … without notice, without an opportunity to defend himself, and without cause in violation of University-issued policies enacted to protect students from such arbitrary acts.”
This attempt to change arguments between the complaint and the brief is like trying to change clubs after hitting the golf ball — Plaintiff is stuck with the club (in this case the argument) that he first picked… Therefore, Plaintiff’s reliance on four student policy manuals as evidence of a contract is a swing and a miss.
Plaintiff attempts to take a mulligan with this argument; however, this shot also lands in the drink.
Plaintiff’s promissory estoppel claim, which was not argued in his brief, brings to mind Carl Spackler’s analysis from the movie CADDYSHACK (Orion Pictures 1980): “He’s on his final hole. He’s about 455 yards away, he’s gonna hit about a 2 iron, I think.” North Carolina does not recognise affirmative claims of promissory estoppel; thus, Defendants are entitled to a judgment on the pleadings.
Plaintiff’s fifth and final claim for declaratory judgment, which was also not argued in his brief, can be disposed of with a hole-in-one sentence: no valid contract means no declaratory judgment.
More at Above The Law >
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