‘There wasn’t a law on the books we could hold a class action on. Now there is’ Many class-action lawsuits seek financial windfalls for lead plaintiffs and their attorneys, and not so much for average class members. Andrew Miltenberg’s pioneering class-action lawsuit against Michigan State University seeks something more valuable: reputational vindication for all victims of the disgraced institution’s Title IX kangaroo courts. The powerhouse Title IX lawyer is taking advantage of a 6th U.S. Circuit Court of Appeals ruling against the University of Michigan last year, known as Baum, that laid out requirements for Title IX proceedings that come down to he-said, she-said credibility determinations. Among them: live adjudication hearings where the “agent” of each party can cross-examine the other. The Detroit Free Press reports that Miltenberg amended a December lawsuit he filed on behalf of a punished MSU student. It seeks class-action status for current, former, “prospective and future students” subject to punishment for alleged sexual violence “without first being afforded a live hearing and opportunity for cross examination.” Rather than financial damages, the suit would seek to have their records and sanctions reversed, vacated and expunged.
Oct 26, 2022