Mountain State University Lawsuit









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Class Action Lawsuits Filed Against
Mountain State University

 

OBJECTIONS FILED TO PROPOSED SETTLEMENT

 

In addition to the DMS Complaint and the Accreditation Complaint described on this website which were filed in federal court in West Virginia, a number of other lawsuits have been filed in other courts against Mountain State. Many of those lawsuits were filed in West Virginia state courts and are now before a West Virginia Mass Litigation Panel.

Some of the parties to state court cases have recently proposed a settlement and have asked the West Virginia state court to approve that proposed settlement. The settlement may affect the rights of all persons who have claims against Mountain State relating to its loss of accreditation or failure to provide educational services.

On October 6, 2014, a hearing was held before the Mass Litigation Panel regarding preliminary approval of the proposed settlement. Objections to the proposed settlement were filed on behalf of the named Plaintiffs in the federal class action lawsuits described on this website (the DMS Complaint and the Accreditation Complaint). On behalf of the Plaintiffs in the DMS Complaint and the Accreditation Complaint numerous objections were filed with regard to the proposed state court settlement. A copy of the objections filed in opposition to the proposed settlement can be found here. If you have questions about the objections filed against the proposed settlement, you may call us at (877) 540-8333 or send an e-mail to mountainstate@googasian.com.

Another hearing is scheduled for January 16, 2015 before the West Virginia Mass Litigation Panel at which time it will be determined whether final approval of the settlement should be granted. Objections to final approval will be filed on behalf of the named plaintiffs in the federal class action lawsuits. If you have questions about the objections to be filed against the proposed settlement for the forthcoming hearing on January 16, 2015, you may call us at (877)540-8333 or submit an e-mail to mountainstate@googasian.com.

The state court has set a deadline of December 1, 2014 for the filing of objections to the proposed settlement. If you have questions about the objections filed against the proposed settlement for the forthcoming hearing on January 16, 2015, you may call us at (877)540-8333 or submit an e-mail to mountainstate@googasian.com.

The Court ruled that a notice would be sent to class members and an official website established providing information about the settlement and how class members may object to the settlement and submit claims. This is NOT the official website for the class action that received preliminary certification in the West Virginia state courts. The Googasian Firm and The Bell Law Firm are NOT class counsel for that proposed class action. The Googasian Firm and The Bell Law Firm have filed objections on behalf of their clients to the preliminary approval of that proposed class action settlement. If you have questions about the objections filed against the proposed settlement for the forthcoming hearing on January 16, 2015, you may call us at (877) 540-8333 or submit an e-mail to mountainstate@googasian.com.

 

DMS Complaint and Accreditation Complaint Lawsuits Filed Against

Mountain State University

 

On July 12, 2012, a class action lawsuit was filed in federal court in West Virginia against Mountain State University, Inc. (“Mountain State”) seeking damages on behalf of a class of similarly situated current and former students of Mountain State enrolled in Diagnostic Medical Sonograpy ("DMS") Programs. If you are a current or former student of Mountain State in a DMS Program seeking more information about the lawsuit from the law firm pursuing it, you may click here to fill out a contact form.

 

On August 1, 2012, a second class action lawsuit was filed in federal court in West Virginia against Mountain State and certain officials on behalf of all individuals who reside outside West Virginia and had enrolled in any program at Mountain State University prior to July 10, 2012.  The lawsuit claims that acts and omissions by Mountain State and its leaders caused The Higher Learning Commission recently to take action to withdraw Mountain State's accreditation.  If you are an out of state student of Mountain State seeking more information about the lawsuit from the law firm pursuing it, you may click here to fill out a contact form.

Mountain State is a private school headquartered in Beckley, West Virginia with campuses in Washington, D.C., Orlando, Florida, Mooresville, North Carolina, Hickory North Carolina, and Center Township, Pennsylvania. Mountain State also has students around the country enrolled in online programs.

The DMS lawsuit filed on July 12, 2012 alleges that Mountain State established online certificate, associate degree and bachelor degree programs for Diagnostic Medical Sonography (“DMS”). The programs required students to complete an externship at a clinical site and Mountain State told students that it would provide them with clinical sites in their area, the suit alleges, but that Mountain State failed to do so, making it impossible for students in the online DMS program to complete their programs. The cost of the online bachelor program exceeds $60,000, and the cost of the online associate degree program exceeds $50,000, according to the suit. A copy of the DMS lawsuit can be accessed here. A copy of Mountain State's answer to the lawsuit can be found here.

 

The accreditation lawsuit filed on August 1, 2012 alleges that as a result of Mountain State's breaches of duty to maintain its accreditation, students cannot complete accredited programs and obtain accredited credentials for which they have been paying substantial tuition.  Among other allegations, the lawsuit asserts that Mountain State's leaders did not correct problems in governance, planning, education, finance and other areas despite having notice by at least 2008 that the university's accreditation was in jeopardy.  A copy of the accreditation lawsuit can be accessed here. A copy of Mountain State's answer to the lawsuit can be found here.


Higher Learning Commission Acts To Withdraw Accreditation
From Mountain State University

 

On Tuesday, July 10, 2012, The Higher Learning Commission, which had provided regional accreditation for Mountain State, announced that it had “acted to withdraw accreditation from [Mountain State] effective August 27, 2012.” Click here to access a copy of The Higher Learning Commission’s Public Disclosure Notice.

Current or former students of Mountain State seeking more information about the impact of The Higher Learning Commission’s actions may click here to fill out a contact form.

Counsel for the Plaintiff in the lawsuits are Thomas H. Howlett and Dean M. Googasian of The Googasian Firm, P.C., based in Michigan. These attorneys have served as class counsel to thousands of current and former students of for-profit schools in multiple class actions. To contact The Googasian Firm about Mountain State or any other concern you may have about a for profit school, you may click here, send an e-mail to mountainstate@googasian.com, write to 6895 Telegraph Rd., Bloomfield Hills, MI 48301 or call 1-877-540-8333. Harry Bell of The Bell Law Firm, PLLC, 30 Capital Street, Charleston, West Virginia, 25326-1723 is serving as responsible attorney and co-counsel with The Googasian Firm, P.C. as Counsel to the Plaintiff in the Mountain State lawsuits.

 

Court Denies Class Certification In The DMS And Accreditation Lawsuits

 

On March 27, 2014, the federal district court denied class certification in the DMS lawsuit. On March 31, 2014, class certification was denied in the accreditation lawsuit. Other putative class action lawsuits have been filed and are pending in West Virginia state courts.

 

Mountain State Files A Lawsuit Against Its Accrediting Agency

 

On May 20, 2014, Mountain State filed a lawsuit against its accrediting agency, The Higher Learning Commission. A copy of the complaint can be located here. In the lawsuit, Mountain State alleges that the accrediting agency should not have withdrawn Mountain State’s accreditation, which caused the school to close. The closure of Mountain State, the suit alleges, caused “insufferable damage . . . to a great number of students and potential students who were not able to finish their education or take advantage of one.”