Richard Pepperman '87 of the New York law firm Sullivan and Cromwell, speaking for the Board of Trustees, argued that res judicata is applicable to the current case.
claimed that the plaintiffs were bound by the decision made by Association's executive committee in June 2008 to withdraw the previous suit against the College with prejudice, meaning that another case cannot be filed on the same basis as the one dismissed.
"The only element that plaintiffs really dispute, and that indeed can be disputed here, is whether the plaintiffs in this lawsuit were in privity with the Association," Pepperman
"The answer to that question, your honor, is yes, both on the law and on the facts."
Pepperman presented what he called "an easy case" for the application of res judicata, pointing out, among other things, that the officers in charge of the Association were representative of the College's alumni at large and that the current plaintiffs are bound to the previous decision because they are alumni and, as a result, members of the Association.
also said that the role of John MacGovern '80 in both of the lawsuits was grounds for res judicata.