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Appeals court hears dispute over when statute of limitations ran in Marks v. DeVries Education Group
Summary
At oral argument in Marks v. DeVries Education Group, counsel disputed whether a 2017 letter or a later administrative process triggered the statute of limitations and whether a grievance process tolled the limitations period for claims including Chapter 93A and misrepresentation.
A three-justice Appeals Court panel heard argument over whether Michael Marks’ claims against Ross University and Auburn were time-barred, and whether an administrative grievance or a later final decision triggered the statute of limitations.
The panel, introduced by Justice Ariane Bueno, questioned whether a letter from Auburn in February 2017 telling Marks he could not finish the clinical program was the triggering event or whether the multi-year administrative process that culminated in 2021 controlled. “I think my brother argues that this issue is being…
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