Connecticut Superior Court Judge Barbara Bellis, who is presiding over the ongoing lawsuit between former students of the closed Stone Academy nursing school and its owners, wrote in a Dec. 4 preliminary ruling that the students' are likely to prevail.
"Even at this early stage, the court finds probable cause that a class will be certified, and that the class is likely to prevail on the [the Connecticut Unfair Trade Practices Act] and breach of contract claims," Ms. Bellis wrote.
Stone Academy was a for-profit healthcare college in West Haven, Conn., that closed all three of its campus locations abruptly in February after failing to address multiple compliance issues. Further investigation into the case by the Connecticut Office of Higher Education also found that 76% of student credits were also found to be invalid, further complicating students' efforts to finish their degrees elsewhere.
The judge also stated in the preliminary ruling that the accounts of all students and former employees who testified during the pretrial stage were found to be credible, adding that the evidence against the Stone Academy owners "clearly established that all the defendants participated directly or had authority to control the business of Stone Academy."
"The Stone Academy students who testified were credible and believable witnesses who suffered damage and loss as a result of the defendants' actions, and Stone Academy students shared common issues, as all students signed the same application and contract, received the same documents, and were adversely impacted by the sudden unexpected closure," Ms. Bellis ruled.
The case has not been escalated to a class action lawsuit, but in the preliminary ruling, Ms. Bellis notes that if the students seek to apply for that status, "there is no prohibition against" it.
The next scheduled court date in the case is set for Dec. 21. The school is also facing a separate litigation case brought by the state.