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Steinberg Brief

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Rule of the Case: The defendant by accepting a fee for an application, bound itself to fulfill the promises stated in the school’s bulletin for a applicant to have their application judged according to the school’s stated criteria.

Robert I. Steinberg, Individually and as Representative of Class, Plaintiff-Appellant, v. Chicago Medical School, Defendant-Appellee

41 III. App. 3d 804; 354 N.E.2s 586; 1786 III. App. LEXIS 3028

Facts: Plaintiff Robert Steinberg argues that in December of 1973, he applied for admission to the defendant, the Chicago Medical School, as a first year student for the 1974-1975 academic year and paid an application fee of $15. Steinberg filed a class action lawsuit after being rejected to the plaintiff’s claim that the school had failed to evaluate his application and those of other applications according to the school’s academic entrance standard that was printed on the school’s bulletin. The plaintiff alleged that the school acceptance of a first year class applicant was based on non-academics criteria such as applicant’s relationships to the schools faculty members, to its board members and the ability of a applicants or his family to pledge or make payment of large sums of money to the school. Steinberg sought an injunction against the school to prohibit them for such admission practices and returning money collected from applicants during a 10-year period prior to filing the suit. The defendant filed a motion to dismiss on the grounds that no contract came into existence during the transaction with Steinberg. The court dismissed the case and Steinberg appeals this order. Steinberg contends that the Chicago Medical School’s informational brochure constituted as an invitation to make an offer, which led to his application and $15 fee to the school. The school then voluntarily accepts his application with his $15 and because of

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