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Wednesday, March 21, 2012

NYLS Class Action Dismissed

Above the Law has the opinion and brief discussion.  In addition to the exceprts cited by ATL, I thought this one was interesting:

. . . NYLS's statements [regarding employment rates and salaries] are neither "half-truths" nor misleading.  As acknowledged in the complaint, NYLS complied with ABA standards.[fn11]

11. In their Opposition Memorandum, plaintiffs try to reframe their pleadings and argue that the complaint in fact alleges that NYLS did not comply with the ABA regulations.  However, the complaint is replete with allegations of compliance and utterly devoid of any allegations of non-compliance. . . . Indeed, plaintiffs' dissatisfaction with the ABA regulations themselves appears to be the admitted impetus for this lawsuit.

Although dismissing the suit, the opinion concludes with a rather heartfelt plea for law schools and the legal profession to better serve the needs of past, present, and future students.  Here's an excerpt:

If lawsuits such as this have done nothing else, they have served to focus the attention of all constitutents on this current problem facing the legal profession -- from the law schools and their regulators, to the compilers of data that rate the schools to assist law school consumers, to the law firms that formerly primed the pump for a steady supply-line of associate positions to be filled by each graduating class, to the judiciary who offers clerkships to the best and brightest, to the local bar associations whose members are responsible for the continuing health and viability of the profession, and, finally, to prospective law students themselves.  All must take a long, hard look at the current situation with the utmost seriousness of purpose.  To the extent law schools are turning out too many graduates for the positions available, market forces will begin to correct themselves, hopefully in short order.  But that does not itself excuse our collective responsibility to those who have been unfortunate enough to have been caught in the midst of the maelstrom.  To them we owe our best efforts to get them situated.

The court also asks for "a renewed sense of responsibility to prospective applicants and students, starting at the law school level" with respect to employment data.  But the complaint is nevertheless dismissed.

Posted by Matt Bodie on March 21, 2012 at 01:38 PM in Current Affairs, Life of Law Schools | Permalink


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I have some comments about this case on my blog.

Mitchell Rubinstein

Posted by: Mitchell Rubinstein | Mar 21, 2012 10:14:36 PM

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