Tuesday, February 26, 2013

Plaintiffs Take Law School Fraud Cases to New York's Highest Court

Despite a generally unsuccessful effort, the attorneys bringing fraud suits against law schools keep on trying. From the National Law Journal

They have asked the New York State Court of Appeals to review an intermediate appellate panel's December dismissal of a suit brought by nine former students who allege New York Law School inflated its postgraduate employment statistics to trick them into enrolling.

The plaintiff's legal team—led by Jesse Strauss, Frank Raimond and David Anziska—argued in a motion for leave to appeal filed on February 19 that the Court of Appeal—New York's highest court—should weigh in on the case, given that several lower court judges have cited differing grounds for dismissing nearly identical cases. The New York dismissals also are out of sync with rulings in California that have been more favorable to similar fraud suits, they argued.

"There is really no guidance right now for other litigants and for law schools," Strauss said. "It's difficult for us to advise them on the law, and the schools need to know what they can and cannot do in terms of marketing in New York."

At the moment, Albany Law School has won a motion to dismiss. Decisions on motions to dismiss by Brooklyn Law School and Hofstra are still pending. In California, several law schools have lost on similar motions, while Cooley Law School, John Marshall, Chicago-Kent, and DePaul  have won on their motions.



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