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Home > NYLS Wins Dismissal of Class Action Over Job Figures

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NYLS Wins Dismissal of Class Action Over Job Figures

December 21, 2012

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Despite rejecting the plaintiff's claims, Acosta ended the opinion by saying he was "not unsympathetic to plaintiffs' concerns," and emphasizing that "the practice of law is a noble profession that takes pride in its high ethical standards."

He added, "Indeed, in order to join and continue to enjoy the privilege of being an active member of the legal profession, every prospective and active member of the profession is called upon to demonstrate candor and honesty."

Justices David Friedman (See Profile), Sheila Abdus-Salaam (See Profile), Sallie Manzanet-Daniels (See Profile) and Nelson Roman (See Profile) joined the opinion.

"We're very pleased with the decision," said Venable partner Michael Volpe, counsel to the school. "The legal claims lacked merit."

"The true measure of a legal education is over the course of a career, and any graduate of any law school would have to evaluate the value of their education after years, not just a few months," added Volpe, a 1990 graduate of New York Law.

Jesse Strauss, an attorney for the plaintiffs, said his clients would likely seek leave to appeal.

"The First Department is just wrong on the law," he said. "The fact that they basically found that the employment reports were less than candid and incomplete cannot, as a matter of law, mean that there's no GBL claim."

Strauss said the last section of the opinion amounted to no more than "wagging a finger."

@|Brendan Pierson can be contacted at bpierson@alm.com.

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Reader Comments

  • Avon

    December 21, 2012 07:04 PM

    Seems like false advertising to me, especially if the misleading data were released as part of advertising or promotional materials (as opposed to some kind of standardized data disclosure format, such as Useless News & World Distort publishes annually).

    What a coincidence that two of the five judges on the panel are finalists, selected for their excellence and unimpeachable integrity (among other things), for appointment to the high court of the State. Governor Cuomo is required to pick Acosta, Abdus-Salaam, or one of the other five finalists in the first half of January. And these two are among the four finalists most highly recommended by the first independent association to weigh in, the NYS Trial Lawyers Association - a group that promotes remedies for victims of torts such as carelessness or unprofessionalism. Hm!

  • Albert Davenport

    December 21, 2012 10:42 AM

    Attorneys, even unemployed ones have other options such as writing. http://www.valhallapress.com/contest.php

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