Monday, July 23, 2012
MacDonald, Jr. v. Thomas M. Cooley Law School, ____F.Supp.2d____(W.D. Mich. July 20, 2012), is the second case where a court has dimissed a fraud type of suit brought by former law students against a law school. The other case is Gomez-Jimenez v. New York Law School, No. 65226/11 (NY Sup. Ct. Mar. 21, 2012), which we previously reported on.
The claim was that the 2010 Employment Report and Salary Survey was fraudlent. In granting a motion to dismiss, the court explained:
This Court agrees with Judge Schwietzer, a judge for the New York Supreme Court in a nearly identical case, for some of the reasons he discusses as to why reliance upon the two statistics would be unreasonable. See Gomez-Jimenez v. New York Law Sch., Index No.652226/11, Seq. No. 002, Decision and Order (N.Y.S.Ct. Mar. 21, 2012) (Def.’s Supplemental Br. Ex. 1). This Court does not necessarily agree that college graduates The State of New York’s trial court. Case 1:11-cv-00831-GJQ Doc #54 Filed 07/20/12 are particularly sophisticated in making career or business decisions. Sometimes hope and dreams triumph over experience and common sense. Nevertheless, it would be unreasonable for Plaintiffs to rely on two bare-bones statistics in deciding to attend a bottom-tier law school with the lowest admission standards in the country. In addition, “[i]t is widely accepted that American law schools,
Cooley included, employ all sorts of legerdemain to boost employment rates in a contracting legal market” (Pls.’ Resp. at 5); once again, Plaintiffs state that they had other reasons to not rely upon the Employment Reports. Furthermore, whether before or during Plaintiffs’ attendance at Cooley,it would have been unreasonable to continue to rely on the Employment Reports because of theeconomy’s massive downfall, which hit the legal business as hard as any.
Mitchell H. Rubinstein
Hat Tip: TaxProf Blog