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IMMUNITY - VANDENBERG V. ARAMARK EDUCATIONAL SERVICES, INC.

In Vandenberg v. Aramark Educational Services, Inc., [Ms. 1100557, Sept. 30, 2011] __ So. 3d __(Ala. 2011), the Supreme Court of Alabama affirmed the dismissal of three separate class actions filed against Alabama universities and vendors arising out of mandatory dining fees charged to students that could be spent only at on-campus dining outlets. Students at UA, UAB, and Auburn who had paid the mandatory dining fees at their respective universities filed three separate class actions in the Jefferson County Circuit Court. The students named the Boards of Trustees governing the universities, certain university administrators, and the food service vendors as defendants in those actions. The students alleged that the universities' exclusive contracts with their respective food service vendors are illegal and requested both injunctive relief and money damages. The defendants filed a Rule 12(b)(6) motion to dismiss which was granted by the trial court. On appeal, the Court held that all Plaintiffs' claims were barred by state-agent immunity.

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