In granting summary judgment and dismissing a case against the University of Kentucky and a number of its agents and employees Fayette Circuit Court Judge Pamela Goodwine observed that an issue was "almost too close to call." The issue was "too close to call and therefore should not have been dismissed via summary judgment" ruled the Kentucky Court of Appeals in Carter v. University of Kentucky, No. 2010-CA-1621 (November 18, 2011). The Court of Appeals remanded for trial claims of breach of contract and discrimination.