Class Action Lawsuits Now Target Law Schools

Topics in Legal News 2012/02/06 09:55   Bookmark and Share
A threatened wave of class actions against American law schools became a reality last week after plaintiffs' lawyers sued a dozen more schools over their allegedly misleading use of salary and employment data. But this trend in "consumer protection" is potentially damaging, not only to U.S. law schools, but to higher education in general, said two attorneys for the national law firm LeClairRyan.

"If the goal of these suits is securing transparency on jobs data, then the plaintiffs and their counsel are going about this in entirely the wrong way," said veteran class action defense attorney  Michael Haratz, a Newark-based partner in LeClairRyan's Business Litigation team.  "While there is nothing wrong with working toward clear, consistent and coherent reporting standards, such matters are best addressed via the regulatory process—not by bending higher education to fit a consumerist paradigm more appropriate to a purchaser of traditional consumer goods."

The trend shows every sign of expanding to other institutions across the country, added Haratz. "According to a prominent legal journalist, for example, one of the plaintiffs' lawyers—someone who previously declared 2012 'the year of law school litigation'—hopes to sue up to 25 new schools every few months," he said.

The new complaints come in the wake of highly publicized class actions filed last year against Thomas M. Cooley Law School, New York Law School and Thomas Jefferson School of Law. The latest schools to be targeted reportedly are: Albany Law School, Brooklyn Law School, Hofstra Law School, Widener Law, Florida Coastal School of Law, Chicago-Kent College of Law, DePaul University College of Law, John Marshall Law School, California Western School of Law, Southwestern Law School, University of San Francisco School of Law, and Golden Gate University School of Law.

The complaints allege that U.S. law schools artificially boost enrollments by exaggerating or misrepresenting graduates' employment and salary statistics. "The problem with such litigation is that it runs contrary to the purpose and spirit underlying the class-action lawsuit as a vehicle for consumer redress," said Robert B. Smith a Boston-based LeClair Ryan partner and leader of the firm's Education Industry team. "Why? Because the consumerist paradigm does not fit higher education. Just as law degrees should not come with guarantees of 'gainful employment or your money back,' law students should not regard themselves as consumers entitled to same. After all, they are individuals with varying degrees of talent, motivation, discipline and intelligence. Their futures are their own responsibilities."  

About LeClairRyan

As a trusted advisor, LeClairRyan provides business counsel and client representation in corporate law and litigation. In this role, the firm applies its knowledge, insight and skill to help clients achieve their business objectives while managing and minimizing their legal risks, difficulties and expenses.  With offices in California, Connecticut, Massachusetts, Michigan, New Jersey, New York, Pennsylvania, Virginia and Washington, D.C., the firm has approximately 350 attorneys representing a wide variety of clients throughout the nation.  For more information about LeClairRyan, visit www.leclairryan.com.

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French court upholds Scientology fraud conviction

Topics in Legal News 2012/02/02 10:02   Bookmark and Share
A French appeals court on Thursday upheld the Church of Scientology's 2009 fraud conviction on charges it pressured members into paying large sums for questionable remedies.

The case began with a legal complaint by a young woman who said she took out loans and spent the equivalent of euro21,000 ($28,000) on books, courses and "purification packages" after being recruited in 1998. When she sought reimbursement and to leave the group, its leadership refused to allow either. She was among three eventual plaintiffs.

"It's a severe defeat for the Church of Scientology, which is hit at the very heart of its organization in France," Olivier Morice, a lawyer for the National Union of Associations Defending Family and Individual Victims of Sects, told reporters after the decision.

Karin Pouw, a spokeswoman for the church in Los Angeles, denounced Thursday's decision, calling it a "miscarriage of justice."

She said the group would appeal the decision to the Court of Cassation and plans to bring a complaint to the European Court of Human Rights. Another complaint is pending with a U.N. special rapporteur.

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US high court: warrant needed for GPS tracking

Topics in Legal News 2012/01/23 10:42   Bookmark and Share
The U.S. Supreme Court ruled unanimously Monday that police must get a search warrant before using GPS technology to track criminal suspects.

The ruling represents a serious complication for law enforcement nationwide, which increasingly relies on high tech surveillance of suspects, including the use of various types of satellite technology.

A GPS device installed by police on Washington nightclub owner Antoine Jones' Jeep helped them link him to a suburban house used to stash money and drugs. He was sentenced to life in prison before the appeals court overturned the conviction.

Associate Justice Antonin Scalia said that the government's installation of a GPS device, and its use to monitor the vehicle's movements, constitutes a search, meaning that a warrant is required.
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Calif officials seek redevelopment compromise

Topics in Legal News 2011/12/30 13:14   Bookmark and Share
The California Supreme Court on Thursday gave Gov. Jerry Brown and state lawmakers the right to eliminate community redevelopment agencies in a crucial victory on the state budget.

But the fate of the more than 400 redevelopment agencies remains unclear as cities — and even many lawmakers — vowed to seek a legislative compromise next year that would ensure the agencies' survival. Brown has little incentive to go along.

The court affirmed the state's authority to dissolve the agencies, calling it "a proper exercise of the legislative power vested in the Legislature by the state constitution." Doing so means more of the property taxes generated within redevelopment zones will go toward schools, law enforcement and other local services, freeing up as much as $1.7 billion in the state general fund during the current fiscal year. The money now is returned to the agencies to spend on future redevelopment projects.

Lawmakers and the mayors of several large cities said Thursday they were inclined to work out a compromise after the justices issued their split decision. While they affirmed the Legislature's authority to dissolve redevelopment agencies, the justices in a unanimous decision invalidated companion legislation passed last summer that was intended to keep the agencies operating by forcing them to direct a certain amount of property tax revenue to schools and other services.
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Operative gets prison for bilking NYC mayor

Topics in Legal News 2011/12/19 11:24   Bookmark and Share
A political operative convicted of bamboozling Mayor Michael Bloomberg out of hundreds of thousands of dollars was sentenced to prison Monday un a case that brought the billionaire politician to the witness stand and gave the public a behind-the-scenes look at his campaign and City Hall.

John Haggerty agreed to pay $750,000 in restitution to Bloomberg in addition to his prison term of 1 1/3 to 4 years.

Haggerty, a veteran Republican campaign consultant, was convicted in October after a trial that jurors called a crash course in the workings of politics. Besides the business-mogul-turned-mayor, the case drew in the state's third-largest political party and featured a coterie of Bloomberg insiders sketching their roles in his political, philanthropic and business affairs.

"Since starting my career, I've worked hard to make a reputation in the world of politics and government as a dedicated, honorable individual. Today, my reputation is destroyed," Haggerty told the judge in a strong voice. "If I could do it all over again, I would certainly do it much differently than I did."

He walked out of court briskly, without handcuffs, after state Supreme Court Justice Ronald Zweibel pronounced a sentence he said he felt necessary "to restore the public's confidence in the electoral process and to serve as a deterrent." Haggerty's lawyers said they planned to ask an appeals court to let him out on bail during a planned appeal.

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Court: Assange can continue extradition fight

Topics in Legal News 2011/12/05 10:20   Bookmark and Share
A British court Monday gave WikiLeaks founder Julian Assange permission to continue his legal battle to avoid extradition to Sweden over sex crimes allegations.

The decision means Assange does not face immediate deportation. British judges said Assange could apply to the Supreme Court to hear one specific point of his legal case — but there is no guarantee that the higher court will accept his request.

Assange's lawyers had argued that every European arrest warrant issued by police or prosecutors was flawed, because neither should be considered a judicial authority.

The High Court judges did not indicate whether they agreed with the argument, but said Assange's legal team should have the chance to ask the Supreme Court to grant them a hearing.

Assange seemed pleased by the ruling. Asked if it was a victory, he said yes. He had listened attentively to the hearing, frequently taking notes.

Assange now has 14 days to submit a written request to the Supreme Court, Assange's lawyer Gareth Peirce said.
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