O'BRIAN v. LANGLEY SCHOOL

Record No. 972717.

507 S.E.2d 363 (1998)

William E. O'BRIAN, Jr., et al. v. LANGLEY SCHOOL.

Supreme Court of Virginia.

November 6, 1998.


Attorney(s) appearing for the Case

William E. O'Brian, Jr. (Fern P. O'Brian, on briefs), Washington, DC, for appellants.

Howard B. Silberberg, McLean, for appellee.

Amicus Curiae: Virginia Association of Independent Schools (David Craig Landin; Lori Elliott Guzman; Hunton & Williams, on brief), Richmond, in support of appellee.

Present: All the Justices.


KINSER, Justice.

This appeal concerns a liquidated damages clause requiring parents to pay tuition for an entire academic year to a school for failure to give timely notice of their decision to withdraw their daughter from the school. Because the circuit court entered summary judgment for the school before permitting the parents to conduct discovery with regard to their defense that the clause is an unenforceable penalty, we will reverse the judgment of the circuit...

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