Posted on 09/03/2006 7:20:26 PM PDT by FormerACLUmember
Thomas Joseph Bentey flunked out of St. Thomas University School of Law of Miami, and claims it was a conspiracy of the school to admit students it knew would flunk out, and wants his tuition and room and board back (as well as damages for lost wages and "embarrassment"). (The complaint also complains that Bentey's mother called the law school, but that it refused to review his C grade in Contracts II, and seeks an injunction for a review of the grade.) The attorneys seek class action status, which is frivolous on its face, because the individualized issue of whether a St. Thomas student flunked out because of their own underachieving would clearly predominate any group inquiry even if the conspiracy theory had any basis in rationality. One might also make some adverse inferences about Bentey's attorney, Michael Lombardi of Lombardi & Lombardi, for coming up with such a cockamamie theory of recovery that will only result in more embarrassment for his client, but he is a "Super Lawyer." Other defendants in the shotgun complaint include the ABA and the Department of Education, suggesting hopes for a number of nuisance settlements.
(Bentey v. St. Thomas University School of Law, No. 2:06-cv-03463-PGS-RJH (D.N.J.);
Leigh Jones, "Law School Sued for Expelling Students", National Law Journal, Sep. 1).
Answer: "Your Honor"
I especially like the part where the shyster and his self-admitted moron client are also suing the American Bar Association, the US Dept. of Education, and the Catholic Diocese of Miami.
I think it is safe to say that the Florida Bar opperates without any fear of "Loser Pays" for legal costs defending even the most preposterous frivolous litigation.
Gotta love it. But not too stupid to sue the school. LOL!!
Previously posted -
http://www.freerepublic.com/focus/f-news/1695052/posts
http://www.freerepublic.com/focus/f-news/1695053/posts
http://www.freerepublic.com/focus/f-news/1695054/posts
There could be something to that. Do they have any standards at all? Did they follow those standards? I hope those questions are seriously looked into. Admitting people who don't show any signs they will succeed is nothing more than filling seats temporarily and collecting government student loans.
IMHO, if a school can't get students who don't meet admission standards, they shouldn't lower those just to fill chairs.
Proof positive that our system allows ever self admitted, utterly incompetent legal idiots to sue!
Up here in Ontario, we have always had "loser pays." It is not the panacea against frivolous and vexatious litigation that everyone thinks it is. Costs awards, even on a substantial indemnity basis, almost never exceed two-thirds of actual costs, and usually are a fair bit lower. No one ever recovers his full costs in court here.
Which goes to prove that my tag line of long standing is true.
:-D )))
I'd have knocked him down to a D for that. By the time you get to law school, even straight out of your undergrad studies, you ought to be able to suck it up and make your own case in a grade dispute without bringing Mommy into the discussion.
Brilliant tag line! Loyalist (Social justice isn't; social studies aren't; social work doesn't.)
Loser pays in Ontario produces breath-takingly lower liability insurance rates, especially medical liability.
Right him being able to come up with this suit seem a pretty good DEFENSE against the claim.
From this side of the border, it has always amazed me how many lower-tier law schools have a median LSAT and GPA that would not even qualify for consideration to a Canadian law school.
Up here, the law schools make it tough to get in, and almost as tough to flunk out.
ANOTHER brilliant tag line! Past Your Eyes (Some people are too stupid to be ashamed.)
I think "democrat voter" when I read your tag line.
LOL
And the conspiracy's formal name is Affirmative Action. Next time you're in for surgery do you want the doctor who got into med school because of his/her race or because he/she was the best qualified...
The US cranks out endless shysters. Over one million of these parasites at last count, out there stealing and ripping off society in endlessly clever ways.
ROTFLMAO!
It is not safe to make that assumption. See Florida Statute 57.105 or its sucessor, Florida Rules of Professonal Responsibility and several cases.
Hey!It beats having to work for a living.
I have a recurring nightmare about Affirmative Action: A a ninty pound little latina fireperson climbs the ladder to rescue me from a raging inferno. I scream out "Get the F--- off the ladder." "Send me up that 250 pound Irishman dawn there!"
Exactly. It will kill both you and the under qualified.
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