Tuesday, August 23, 2016

Two new court decisions worth noting:

1.  A federal judge in Austin has ruled that academic freedom does not trump the Lone Star State's concealed-carry law.  His Honor denied  the plaintiffs' motion for a preliminary injunction in this challenge to the new law, brought by university professors who want to keep concealed weapons out of their college classrooms.  Here is the court's ruling.

2.  Meanwhile, in Philadelphia the U.S. Court of Appeals for the Third Circuit has ruled that alumni of Widener University Law School, accusing the school of fraudulently inducing them to attend with promises of great jobs on graduation, do not meet the criteria for class certification:

Synopsis

Background: Graduates of private law school brought putative class action against the school alleging it posted to its website, and disseminated to third-party law school evaluators, misleading and incomplete graduate employment rates in violation of New Jersey and Delaware Consumer Fraud Acts. The United States District Court for the District of New Jersey, William H. Walls, Senior District Judge, 2015 WL 4064647, denied graduates' motion for class certification and, 2015 WL 4647930, denied motion for reconsideration. Graduates filed interlocutory appeal.
Holding: The Court of Appeals, Chagares, Circuit Judge, held that proposed class did not meet predominance requirement for class certification.
Affirmed.


This is a big setback for the plaintiffs in this four-year-old litigation.  The suit was first filed around the same time as a spate of other such suits, targeting the bottom-feeders in the law-school arena.  To the best of my knowledge, all the other actions were dismissed early on.  Here's a report of a typical case outcome from 2012.  On the other hand, new suits are still being filed by disgruntled grads who claim they can't find full-time law jobs.

Neither with concealed-carry laws nor with law school fraud accusations are we likely to have seen the last of these litigations.  With regard to the latter, my prediction is that we will see increasing numbers of suits brought by graduates and other former students in this consumer-driven environment.  For instance, a law suit was brought last year by former UNC athletes who claim that the sham classes, so prominent in the news, cheated them of the real education they deserved.  Students and parents increasingly consider that they are buying a product, when they pay their tuition bills, and that product must perform as promised.  

With respect to the former issue, as this bloody summer comes mercifully to a close and students and faculty return to our campuses, firearms will continue to be a matter of high concern to administrators, public safety officers, faculty, students and parents alike... and not just in Texas.

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