A federal judge from the Eastern District of Pennsylvania has ruled that a college wrestler, who has accused American University and several officials within the athletic department of breach of contract, fraud and infliction of emotional distress, will have to pursue his claim in the District of Columbia.
Specifically, the court held that diversity of citizenship was not sufficient enough to allow Plaintiff Adam LoPiccolo to pursue his claim in Pennsylvania, since the defendants resided in D.C. and most of the alleged actions that led to the lawsuit happened there.
LoPiccolo claimed in his lawsuit that his former coach, Mark Cody, and other university officials recruited him under the premise that he would receive a full scholarship, only to reverse field a couple years later and offer him a partial scholarship.
The plaintiff also alleged that Cody mistreated him and threatened to revoke his scholarship if he complained. LoPiccolo claimed, for example, that Cody injured him during practice and then forced him to continue practicing in unsanitary conditions with the open wound. The cut ultimately became infected, which LoPiccolo claimed led to a staph infection. However, the doctor allegedly downgraded the diagnosis after speaking with Cody. Further, LoPiccolo said that Cody told him that if he made any reference to a staph infection, that he “could kiss his scholarship goodbye.”
The situation got worse before it got better when LoPiccolo was allegedly told after returning from missing several days with the flu that his scholarship was being revoked. He unsuccessfully appealed the decision to the university.
Besides the university and Cody, the plaintiff also named the Board of Trustees of American University and Athletic Director Robert Acunto as defendants.
There were five elements in his complaint, including (1) breach of contract, (2) breach of the duty of good faith and fair dealing, (3) fraud in the inducement, (4) intentional infliction of emotional distress, and (5) negligent infliction of emotional distress.
The defendants ultimately moved to dismiss for lack of personal jurisdiction, improper venue, and failure to state a claim.
The decision of whether to grant the motion to dismiss for improper venue hinged on 28 U.S.C. § 1391(a):
“A civil action wherein jurisdiction is founded only on diversity of citizenship may, except as otherwise provided by law, be brought only in (1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant is subject to personal jurisdiction at the time the action is commenced, if there is no district in which the action may otherwise be brought.
28 U.S.C. § 1391(a) (2006).”
The court added that “the record is clear that a very substantial part of the events took place at American University, in Washington, D.C.—that is where the athletic scholarship agreement was to be performed, where the Grant-in-Aid agreement for the plaintiff’s third year was entered into, and where the plaintiff learned he was being removed from the team. While these events would not necessarily preclude another venue’s also having been the location of a “substantial part” of the events giving rise to the claims, no alleged act giving rise to Plaintiff’s claims occurred in the Eastern District of Pennsylvania. While the defendant Cody allegedly attended a wrestling match in Hershey, Pennsylvania, when attempting to recruit the plaintiff to American, Hershey is in Dauphin County, in the Middle District of Pennsylvania. Likewise, while the denial of Plaintiff’s university appeal to reinstate his athletic award was sent to the plaintiff’s address in Glen Rock, Pennsylvania, Glen Rock is in York County, in the Middle District of Pennsylvania. Because nothing in the record occurred in the Eastern District of Pennsylvania, let alone a substantial part of the acts giving rise to the plaintiff’s claims, venue is improper.”
Adam LoPiccolo v. American University, et al.; E.D. Pa.; CIVIL ACTION NO. 10-CV-3131, 2011 U.S. Dist. LEXIS 34852; 3/31/11
Attorney of Record: (for plaintiff) Tracy P. Hunt, Timby Hunt LLC, Newtown, PA. (for defendant American University) Jonathan D. Weiss, Marshall Dennehey, Philadelphia, PA. (for defendant Mark Cody, Men’s Wrestling Coach, American University Dept. of Athletics) Louis J. Rizzo, Jr., Lead Attorney, Reger & Rizzo, LLP, Wilmington, DE; Robert J. Foster, Reger Rizzo Kavulich & Darnall, LLP, Philadelphia, PA.
