Mccormick v. Dresdale

2010 WL 1740853 (R.I. 2010)

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Nature of the Case

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Facts

P was a freshman student on a full scholarship at Brown University when he claims that D a fellow freshman, falsely accused him of misconduct, including rape. No police report was made. The complaint was made simply to college administrators. P withdrew from Brown and lost his full scholarship. P then sued D and others. D filed a motion to dismiss asserting the affirmative defense of release and waiver. D attached a signed copy of the 'Confidential Settlement Agreement and General Release' signed by P, which purports to release all legal claims he and his parents may have held against D arising out of this incident. P argues that the Agreement is invalid for lack of valid consideration and also voidable because it was procured by duress.