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‘Challenger pays’ fee clause is struck (access required)

A private school’s enrollment contract requiring parents to pay the school’s fees and costs in any litigation, regardless of which side prevails, is unenforceable, a Fairfax circuit judge held in a declaratory judgment action brought by a parent. Judge David Bernhard ruled that the fee-shifting clause was unconscionable and struck it. The case, McIntosh v. Flint Hill ...