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Wilson v. Clark Atlanta Univ. Inc.

The trial court improperly limited five former professors' damages in their suit against a university after the university declared an enrollment emergency before laying off 54 faculty members, including those with tenure.

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This case relates to a decision by Clark Atlanta University, Inc. “the university” to declare an enrollment emergency before laying off 54 faculty members, including those with tenure. Five of the laid off professors filed the complaint at issue here against the university.1 Following a jury trial, the professors were awarded damages for breach of contract and bad faith damages under OCGA § 13-6-11.2 In Case No. A16A0996, the professors assert that the trial court erred by limiting their award of contract damages to the severance pay amounts they would have received if the university had declared a “financial exigency” rather than an “enrollment emergency.” In Case No. A16A0997, the university contends that the trial court erred in failing to grant its motion for judgment notwithstanding the verdict “JNOV” on the professors’ breach of contract claims and bad faith damages under OCGA § 13-6-11, as well as awarding the cost of medical insurance and prejudgment interest to the plaintiffs.3 For the reasons explained below, we affirm in part, vacate in part, and remand these cases for a new trial on the issue of damages for breach of contract and attorney fees under OCGA § 13-6-11.

Contract Between the Parties

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