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CAREER EDUCATION: Reaches Tentative Deal in SBI Students' Suit
Career Education Corp. reached a tentative settlement in the purported class action, "Laronda Sanders, et al. v. Ultrasound Technical Services, Inc. et al.," which was filed in the U.S. District Court for the District of Maryland, according to the company's May 5, 2008 Form 10-Q filing with the U.S. Securities and Exchange Commission for the quarter ended March 31, 2008.
On March 15, 2006, 12 former students of the Landover, Maryland campus of Sanford-Brown Institute, one of Career Education's schools, filed a class-action complaint, on behalf of themselves and all others similarly situated, against Career Education and Ultrasound Technical Services, Inc., one of the company's subsidiaries. The suit was filed in the Circuit Court for Prince George's County, Maryland.
The complaint alleges that the defendants made fraudulent misrepresentations and violated the Maryland consumer fraud act by misrepresenting or failing to disclose, among other things, details regarding instructors' experience or preparedness, availability of clinical externship assignments, and estimates for the dates upon which the plaintiffs would receive their certificates and be able to enter the work force.
The plaintiffs further allege that the defendants failed to maintain accurate attendance records, and that the defendants negligently or deliberately dropped students without justification.
The complaint also alleges that the defendants breached the enrollment contract with the plaintiffs by failing to provide the promised instruction, training, externships, and placement services. The plaintiffs seek actual damages, punitive damages, and costs.
The defendants removed the action to the U.S. District Court for the District of Maryland, and filed a motion to dismiss significant portions of the complaint. The plaintiffs requested to remand the action to state court.
On Sept. 18, 2006, the court denied the plaintiffs' motion to remand. The Court also granted the defendants' motion to dismiss the common law and statutory fraud counts of the complaint, with leave to amend. On Oct. 17, 2006, the plaintiffs filed an amended complaint.
The case was later consolidated with a separate action brought in the same court by another former student.
On March 12, 2007, the plaintiffs filed a second amended complaint.
On March 7, 2008, the court granted the plaintiffs leave to file a third amended complaint adding four additional former students as plaintiffs based on similar allegations.
The parties are in the process of finalizing the terms of a proposed settlement, which would only be effective upon approval of the court.
Career Education Corp. -- http://www.careered.com/ -- is an educational services company. The Company's schools and universities prepare students for professional careers through the operation of more than 75 on-ground campuses located throughout the U.S., France, Canada, Italy and the United Kingdom and three online academic programs. During the year ended December 31, 2007, the Company had approximately 89,500 students. The schools and universities offer doctoral degree, master's degree, bachelor's degree, associate degree, and non- egree certificate and diploma programs in Culinary Arts, Visual Communication and Design Technologies, Health Education, Business Studies and Information Technology. The segments of the Company include Academy, Colleges, Culinary Arts, Health Education, International and University.
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