JamesChapman23 wrote:I was about to say this is kind of a pyrrhic victory for Cooley. Sure they won the lawsuit, but they won in a decision that essentially called their school a POS with statistics that you would have to be kind of retarded to actually believe.
Yeah, that's exactly what this was. Basically, the school sucks so bad that you should have known better. It is a disappointing result, though.
Isn't this the second case to be tossed out in this way? I wanna say the same happened with NYLS.
This one has fared better: http://abovethelaw.com/2012/03/twenty-m ... -lawsuits/
In mass class action lawsuits, the plaintiffs often lose many of the early cases. It takes time to formulate the law to deal with novel injuries (That's what my Civ Pro prof. says anyway).
Paradoxically, given the basis the judges have given for dismissing several of these cases, I think a lawsuit against a T2 or even a T1 could fare better. I could see a successful lawsuit against UC Hastings or the University of Arkansas-Fayetville. Who is going to tell someone that the "reasonable person" would be skeptical of a "tier 1" law school's data or the data of the flagship law school of an entire state? That's where I'd like to see this headed. Next stop would be to hit other under performing, criminally non-transparent "good" schools like Emory, Minnesota, Illinois, UT, and eventually, Berkeley and Michigan.
The key is to start with a school bad enough that you can convince the judge that your bad fortune wasn't a fluke or a personal inadequacy but good enough such that the average person would view it as a reputable school with reliable data. Once there is one successful lawsuit, it will be easier to expand the playing field to other less than "ideal" law school defendants like Emory on the "high" side or Akron on the "low" side.