Court Dismisses Class Action Lawsuit Against Prominent Literacy Authors in Major Win for Dinsmore Clients

In a significant legal victory for our clients, Irene Fountas and Gay Su Pinnell (“Fountas & Pinnell”), Judge Richard Stearns of the U.S. District Court for the District of Massachusetts entered an order dismissing a class action lawsuit targeting the renowned literacy educators. The complaint alleged that Fountas & Pinnell’s literacy curricula misled consumers and contributed to poor reading outcomes because it failed to incorporate explicit phonics instruction.  The lawsuit, filed by a group of parents that were supported by advocacy organizations, alleged that the authors and their publishers engaged in “deceptive and fraudulent marketing” of reading programs that were not aligned with the pedagogical methods preferred by supporters of the populist movement known as “Science of Reading.” In his order dismissing the case, Judge Stearns held that the educational malpractice bar precludes Massachusetts courts from assessing educational theories, approaches or effectiveness, which was at the core of Plaintiffs’ claims.

“I am thrilled that our clients, Irene Fountas and Gay Su Pinnell, have successfully defeated the claims asserted against them,” said Dinsmore’s Javier Flores, who served as counsel for Fountas & Pinnell.  “Irene and Gay have dedicated their lives to researching, teaching and writing about literacy education and have helped countless children learn how to read effectively. The allegations against them were derived from pedagogical differences and founded upon inaccurate assertions regarding the substance and effectiveness of their literacy programming.”