Newcomb College Case to be Reargued in September

I previously summarized a lawsuit seeking to force Tulane University to resurrect Newcomb College in accordance with the terms of a gift to Tulane. District Judge Ledet sided with Tulane and the plaintiff appealed. In late July, the Fourth Court of Appeals in Louisiana issued an order that the Newcomb case be re-argued before a 5-judge panel on September 21.

Although no explanation was given, this order was probably the result of a 2-1 vote to overrule the trial judge’s ruling.

See John Pope, Panel to Rehear Newcomb Appeal; Suit Asks Tulane to Resurrect College, The Times-Picayune, July 26, 2010. See also La. Const. art. V, §8B (requiring a case to be reargued before at least five judges when a judgment of a district court is to be reversed and one judge dissents).

Special thanks to Sue Bentch (Professor, retired, St. Mary’s University School of Law) for bringing this update to my attention.