Villanova Law School Scandal - Above the Law Article Forum

[jeremysen]

If you guys haven't seen the article, Villanova admitted outright that they fudged ABA data. Do you think it's possible to sue/drop out of the school (free of debt) because of this?

I don't go to Villanova, but I'm curious.

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[ran12]

If you guys haven't seen the article, Villanova admitted outright that they fudged ABA data. Do you think it's possible to sue/drop out of the school (free of debt) because of this?

I don't go to Villanova, but I'm curious.

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Anything's possible under our legal system. I think a current Nova student or grad who can prove they went to Nova based on the numbers will have a legit case but the burden will probably be on the plaintiff. Prob have to prove that they did everything possible to get a good job but couldn't. It's gonna be interesting how the plantiff's attorney goes with his argument but this could also lead to a very negative precedent for other schools so who knows what could happen.

[hds2388]

If you guys haven't seen the article, Villanova admitted outright that they fudged ABA data. Do you think it's possible to sue/drop out of the school (free of debt) because of this?

I don't go to Villanova, but I'm curious.

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I think it's very possible to sue -- it's winning that's the tricky part <dodges smack to the head>

[johnnyutah]

Anything's possible under our legal system. I think a current Nova student or grad who can prove they went to Nova based on the numbers will have a legit case but the burden will probably be on the plaintiff. Prob have to prove that they did everything possible to get a good job but couldn't. It's gonna be interesting how the plantiff's attorney goes with his argument but this could also lead to a very negative precedent for other schools so who knows what could happen.

I can't think of any possible legal scenario in which a plaintiff would have to prove that he tried hard to find a job but couldn't after graduation. Can you be more specific?

[ze2151]

maybe a misrepresentation in contract? P would have to show that Nova's misrepresentation was material. get really creative, sell it as an analogy to warranties for merchantability in sales of goods. all it takes is one ticked off judge to agree w/ you...

i really think these Nova kids are out of luck. but you never know i guess. if enough students threaten to sue, they may be able to work a settlement.

[Irving Sappho]

this is a shame

[johnnyutah]

maybe a misrepresentation in contract? P would have to show that Nova's misrepresentation was material.

That claim would be colorable, but what would the measure of damages be? Normally, the remedy for misrepresentation in contract is rescission. However, here, while Villanova can give back a student's tuition and loan money, the student cannot give back his or her legal education, so rescission is impossible. A plaintiff might be able to seek expectation damages, but these would be way too speculative to assess. A plaintiff might also be able to state a claim in tort, but it's similarly speculative as to what the plaintiff would be compensated for, exactly. Finally, while punitive damages are available in some states and situations for intentional or fraudulent misrepresentations, Villanova appears to have fired the offending employees and tried to make amends as soon as they found out about the deception, making significant punitive damages unlikely.

In sum: yeah, you can state a claim, but how are you going to get any money?