CLASS v. TOWSON UNIVERSITY

No. 15-1811.

806 F.3d 236 (2015)

Gavin CLASS, Plaintiff-Appellee, v. TOWSON UNIVERSITY, Defendant-Appellant. American Medical Society for Sports Medicine; Maryland Athletic Trainers Association; National Athletic Trainers' Association, Inc.; National Collegiate Athletic Association, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 13, 2015.


Attorney(s) appearing for the Case

ARGUED: Julia Doyle Bernhardt , Office of the Attorney General of Maryland, Baltimore, MD, for Appellant. Steven M. Klepper , Kramon & Graham, P.A., Baltimore, MD, for Appellee. ON BRIEF: Brian E. Frosh , Attorney General of Maryland, Kathleen E. Wherthey , Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, MD, for Appellant. Andrew M. Dansicker , Law Office of Andrew M. Dansicker, LLC, Hunt Valley, MD, for Appellee. Mitchell Y. Mirviss , Venable LLP, Baltimore, MD, for Amici American Medical Society for Sports Medicine, Maryland Athletic Trainers Association, and National Athletic Trainers' Association, Inc. Philip S. Goldberg, William C. Martucci, Washington, D.C., William C. Odle, Corby W. Jones, Shook, Hardy & Bacon, L.L.P., Kansas City, MO, for Amicus National Collegiate Athletic Association.

Reversed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge KEENAN joined. Judge WYNN wrote an opinion concurring in part and dissenting in part.


On August 12, 2013, as the temperature in Baltimore reached 91°F, Gavin Class, a Towson University student, collapsed with exertional heatstroke while practicing as a member of the Towson University football team. He was transported to the Shock Trauma Unit at the University of Maryland

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