Law Students

NY Judge Skeptical That Brooklyn Law School Committed Fraud With Its Job Data
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

The would-be Law School killers, Jesse Strauss and David Anziska, who are after 14 parallel cases against law schools for misinforming students on post-grad employment statistics, have with attorney Frank Raimond run up against more trouble with their latest attempt. Judge David Schmidt of Kings County, N.Y., presented himself as “deeply skeptical” that the employment data amounted to fraud, as the prosecutors claim. On August 21, at a hearing debating whether or not to dismiss the case against Brooklyn Law School, the judge was hard to convince and unimpressed with the prosecutors.

Brooklyn Law School gave data to prospective students showing that 91.3 percent of its 2009 graduates were employed within nine months after graduation. That statistic did not clarify what percentage of those employments required a JD, which wasn’t so high, and how many required no a JD, or were outside of law altogether, which was too high.

“Where is the basis for a fraud argument” Schmidt asked the plaintiffs. “You have generalized industry statistics. Where do you see that they have deceived the public?”

  
What
Where


The defense wonders the same thing, claiming that they, like most law schools, have created their employment figures based on the standards and guidelines set forth by the American Bar Association and the National Association for Law placement.

The defense attorney Russell Jackson went further to claim that the figures were immaterial because they were “future predictions” for how things might look for future grads four years down the line, and that they were therefore not actionable in fraud cases in New York State.

Schmidt was not easy on the defense either. “If they said 91 percent and it’s was really 80 percent, would that be fraud?” asked the judge, as reported by Law.com. “No matter what they said, it’s not material? Is that what you’re alleging?”

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




When Jackson agreed that he was alleging just that, Schmidt replied that “I may not go to a law school if I know that with the 91.3 percent success rate, a lot of graduates are not in legal jobs but are flipping burgers.”

The prosecutions most intense attempt was to set an analogous precedent in the U.S. Court of Appeals for the Second Circuit’s ruling in Gotlin v. Lederman, when New York cancer doctors had claimed a “success rate” of greater than 90 percent in treating pancreatic cancer, failing to mention that the 90 percent included tumors that shrunk or stayed the same size, not merely the tumors that had actually been cured.



Schmidt responded that it was a “completely different case in my book.”

“You’re really pleading a broad, general statement” said Schmidt, denying that Raimond had specified what he meant by fraud.



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

General Municipal Law Attorney with land use experience

USA-CA-Oakland

Oakland office of our client seeks general municipal law attorney with experience advising public ag...

Apply Now

Mid-level Restructuring Attorney with bankruptcy experience

USA-DC-Washington

Washington, D.C. office of our client seeks mid-level restructuring attorney with 4-6 years of exper...

Apply Now

Senior Land Use Attorney with experience

USA-CA-San Francisco

San Francisco office of our client seeks senior land use attorney with 7+ years of experience. The c...

Apply Now

Employment, Labor and OSHA Attorney with 3-6 years of experience

USA-TX-Dallas

Dallas office of our client seeks employment, labor and OSHA attorney with 3-6 years of experience. ...

Apply Now

RELEVANT JOBS

Attorney

USA-CA-San Francisco

As an in-house legal counsel at Wix’s legal department, you will play a significant role in de...

Apply now

Attorney

USA-MO-Kansas City

Successful, expanding KC personal injury law firm seeks an attorney with 5+ years personal injury li...

Apply now

Civil & Business Litigation / Transactional Attorney

USA-CA-Clovis

Law firm with primary emphasis in Business & Civil Litigation and transactional work, seeks confiden...

Apply now

Attorney

USA-MD-Greenbelt

CRIMINAL LAW ATTORNEY - Houlon, Berman, Finci, Levenstein & Sandler, LLC, an established AV rat...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top