United States Second Circuit

In case involving federal student loan programs, ruling that defendant department was authorized to determine the liability of plaintiff school to defendant in an administrative hearing, and that plaintiff was estopped from relitigating the determinations made at the administrative hearing is affirmed over claims that: 1) defendant lacked statutory authority to undertake an administrative proceeding to assess liability for loan program violations; and 2) the administrative proceeding denied plaintiff sufficient opportunity for full and fair litigation of the issues.

Appellate Information

• Decided 02/21/2007
• Published 02/21/2007

Judges

• LEVAL, Circuit Judge., Before LEVAL, PARKER, Circuit Judges, and SESSIONS, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Keith J. Roland, Roland, Fogel, Koblenz & Petroccione, LLP, Albany, NY, for Plaintiff.


• For Appellees:
  
• Sarah Wanner, Office of General Counsel, United States Department of Education (Brenda K. Sannes, Assistant United States Attorney (Glenn T. Suddaby, United States Attorney for the Northern District of New York, on the brief), United States Attorney's Office for the Northern District of New York, of counsel), for Defendant.