Ramaekers et al. v. Creighton University

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Ramaekers et al. v. Creighton University

Case Number
Call Date
May 24, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0848 Lauren Raemakers, Patrice Quadrel, Sarah Sinsel, Sydney Case, Anne Clare Culpepper, Emma Carlson, Elliot Prusa, Avery Gillett, Nikokije Kozic, and Alecsander Kozic (Appellants) v. Creighton University (Appellee)

Appeal from the District Court for Douglas County, Judge Marlon A. Polk

Attorneys: Robert M. Sullivan (Sullivan Law Firm for Appellant) and William F. Hargens, Abigail M. Moland, Britni A. Summers (McGrath North for Appellees)

Civil:  Breach of Contract and Injunction

Proceedings Below: The district court declined to issue an injunction which would have prevented Appellee from expelling, disenrolling, disciplining, or in any way retailiating against Appellants for their failure to comply with Appellee’s COVID-19 mandate.  On its own motion, the Nebraska Supreme Court ordered that this case be removed from the docket of the Nebraska Court of Appeals and transferred this case to its docket.

Issue: Appellant asserts that the district court erred in:  1) failing to find that there was an implied contract between the parties; 2) failing to find that the Appellee failed to deal in good faith with the Appellants; 3) failing to find that Appellee breached its contract with the Appellants; 4) finding that if a contract did exist, the parties modified or amended the contract when Appellants presented the Temporary Exemption Request form to Appellants; 5) failing to find that Appellee was equitably estopped from imposing its vaccine mandate on students who were already enrolled, and/or disenrolling students who declined to comply with Appellee’s vaccine mandate; 6) failing to issue the requested Injunction; 7) finding the Apellants failed to show irreparable harm; and 8) finding that the Appellants failed to show a likelihood of success on the merits.

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