Tuesday, July 1, 2008
The United States Court of Appeals for the First Circuit affirmed a district court decision holding that a suit by a 2000 graduate of Southern New England School of Law against the school and two deans could not survive summary judgment. The graduate was not permitted to sit for the New Jersey bar examination because the school was not accredited when he graduated. The suit alleged that the school deans had made false statements to him about the prospects for accreditation, fraud and violation of a consumer protection statute. The court held that any reliance on the statements of the deans regarding accreditation prospects was unreasonable. One dean's "history of making inaccurate predictions rendered any reliance on his statements unreasonable." A second dean's statements were "at best, a lukewarm endorsement of the school's likelihood of attaining accreditation..."
Thanks to Sean Harrington for sending this case to us. (Mike Frisch)