A federal judge Tuesday denied a request from the prestigious Hotchkiss School for reconsideration of an earlier court ruling that kept a breach of fiduciary duty finding in a lawsuit alleging the school had a duty to stop the alleged 1980s sexual assault of a minor.

In his ruling, which keeps the lawsuit moving forward, U.S. District Judge Victor Bolden of the District of Connecticut said a motion for reconsideration should only be granted when the defendant identifies “an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice.” Bolden said the school proved none of those.

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