Gozzi v. W. Culinary Inst., LTD, 080303530

Decision Date06 April 2016
Docket NumberA152137.,080303530
Citation277 Or.App. 384,371 P.3d 1222 (Mem)
PartiesShannon GOZZI, et al., Plaintiffs, and Jennifer Adams, fka Jennifer Schuster, and Nathan Surrett, individually and on behalf of all similarly situated individuals, Plaintiffs–Respondents, v. WESTERN CULINARY INSTITUTE, LTD; and Career Education Corporation, Defendants–Appellants.
CourtOregon Court of Appeals

Stephen F. English, Thomas R. Johnson, Heidee Stoller, Perkins Coie LLP, Jeff Scott, and Greenberg Traurig LLP, for petition.

Maureen Leonard for response.

Before ORTEGA, Presiding Judge, and DeVORE, Judge, and EDMONDS, Senior Judge.

PER CURIAM.

Defendants Western Culinary Institute, Ltd. and its parent company, Career Education Corporation, petition for reconsideration of our opinion in Gozzi v. Western Culinary Institute, Ltd., 276 Or.App. 1, 366 P.3d 743 (2016). Specifically, defendants urge us to reconsider one sentence in the opinion to clarify whether we rejected their second assignment on the merits. We grant reconsideration and modify our opinion to delete the following sentence: We reject without discussion defendants' second assignment of error, challenging the class itself, but address their contention, asserted in their first assignment of error, that a provision in the arbitration agreements delegates arbitrability and enforceability of the arbitration agreement to an arbitrator rather than to the court.” 276 Or.App. at 3, 366 P.3d 743. In its place, we insert the following sentence: We reject without discussion defendants' second assignment of error, challenging the class itself, because it is procedurally improper for review at this time, but we address their contention, asserted in their first assignment of error, that a provision in the arbitration agreements delegates arbitrability and enforceability of the arbitration agreement to an arbitrator rather than to the court.”

Reconsideration allowed; former opinion modified and adhered to as modified.

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4 cases
  • Miller v. State
    • United States
    • Oregon Court of Appeals
    • June 12, 2019
    ...same court." Gozzi v. Western Culinary Institute, Ltd. , 276 Or. App. 1, 10, 366 P.3d 743, adh’d to as modified on recons, 277 Or. App. 384, 371 P.3d 1222 (2016) (quoting Poet v. Thompson, 208 Or. App. 442, 450, 144 P.3d 1067 (2006) ). As to prior trial court decisions, we have explained th......
  • State v. Harryman
    • United States
    • Oregon Court of Appeals
    • April 6, 2016
  • Lumm v. CC Servs., Inc.
    • United States
    • Oregon Court of Appeals
    • January 31, 2018
    ...legal error. Gozzi v. Western Culinary Institute, Ltd. , 276 Or.App. 1, 3, 366 P.3d 743, adh'd to as modified on recons. , 277 Or.App. 384, 371 P.3d 1222 (2016).We begin by rejecting plaintiff's preliminary contention that we must affirm because defendants' opening brief fails to address un......
  • Warren v. Smart Choice Payments, Inc.
    • United States
    • Oregon Court of Appeals
    • September 23, 2020
    ...contrary.’ " Gozzi v. Western Culinary Institute, Ltd. , 276 Or. App. 1, 4-5, 366 P.3d 743, adh'd to as modified on recons. , 277 Or. App. 384, 371 P.3d 1222 (2016) (quoting Moses H. Cone Hospital v. Mercury Constr. Corp. , 460 U.S. 1, 24, 103 S. Ct. 927, 74 L. Ed. 2d 765 (1983) ). The part......

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