Treatment Abuse, Behavior Modification, Thought Reform > Aspen Education Group

Pence v. Aspen Education Group, Inc.

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Whooter:

--- Quote from: "Ursus" ---Does anyone know how this case turned out?

As I mentioned previously, probably in one of the several other threads discussing this case, I was unable to find any further mention of it despite extensive searching. The case as it stands right now, i.e., what has been posted above in the OP, is a summary judgment requested by both parties in the hopes of foregoing a jury trial.

The judge ruled on two of the five claims. The remaining three (which include the HIPAA issues as well as punitive damages sought) are assumed to continue to a jury trial.

It's possible that this case is stashed in one of those pay-per-view or subscriber archives such as WestLaw. It's also possible that it hasn't come to trial yet. And it's also possible that Aspen may have offered some kind of settlement to prevent said damning issues from seeing any more light of day.
--- End quote ---

You left out the most probable which is the family was seeing they had no case and bailed out hoping Aspen wouldnt counter sue or under threat of counter suit.  Their son already confessed to the police on site and is in jail so it would be tough to sue a place which would have helped their son.

RMA Survivor:
More than likely what happened is the lawyer for North Star asked for summary judgment on the claims that were addressed, knowing he/she might be able to argue that they are devoid of legal foundation.  Whereas the rest of the case is probably on-going and could take a long time to come about.  Civil cases can run in to many years, which is a tactic often used by the defense in order to make the plaintiff have to continue to pay attorney fees.

The case may have settled, but the family may also not have wanted to in order to get it on the record that this prison camp is not a treatment center.  Costs might not be a serious issue for them as many families who send their kids to these places are upper middle class to upper class.  But either way, it is clear the information we have received so far does not tell us the case is over, only what has been ruled upon to date.  I say we should just be patient, I am sure more information will be forthcoming.

Whooter:
Reading the case to date it doesnt look too good for the Pences, not very encouraging

RMA Survivor:
Clearly they have a case or the other items would have been placed in Summary Judgment as well.  And because they were not, and because there were clear disputes, those items could not be quickly ruled upon.  However statements from Aspen Group attorneys may have set a solid precedent that will impact the rest of the case.  And may eventually set a precedent for future cases.

Troll Control:
Exactly, there is a lot of wrongdoing here.  A summary judgment on 2 of 5 issues is hardly a "win" or a "clean slate" or "proof Aspen provides licensed therapists" - Aspen should be facing criminal charges for their actions.  Getting sued is getting off light.

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