Frat members who were kicked out in 1984 waited until last year to sue for re-entry. Was there any possible way they could win?

In April 2009, nine individuals sued Kent State University and the Omega Psi Phi Fraternity. They said they were admitted as members of the frat in 1983, only to be tossed about a year later after being accused of making fraudulent grade changes on transcripts.

The lawsuit alleged breach of contract, libel, slander, unjust enrichment, tortious interference with contract, violation of privacy rights, and pain and suffering.

An appeals court upheld a lower court’s decision to toss the claims.

The claims against the school were filed in the wrong court, the appeals court said. Under state law, a different court than the one used had exclusive jurisdiction over the claims raised against the school.

As for the claims against the fraternity, the answer was more obvious: They were filed way too late. In a desperate attempt to avoid the effect of the limitations period, the plaintiffs said the limitations clock should not have started running until it became clear they would not be able to settle the case without going to court. But this wasn’t a valid excuse for missing the filing deadline, the court said.

Cite: Lewis v. Kent State University.

What do you think of this lawsuit — and the result? Tell us below.

Tags: fraternities, Kent State University, time limits