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Suit: plaintiff was too stupid to be admitted into law school
OverLawyered ^ | 9/2/06 | Ted Frank

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).


TOPICS: Culture/Society; News/Current Events
KEYWORDS: lawyer; moron; tortreform
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To: Loyalist
The US education system is --to some degree-- based on market. There are 'markets' for great lawyers, but there are also markets for so-so lawyers. With a highly 'lawyerized' society such as in the US, we cannot afford to have only the great minds.
21 posted on 09/03/2006 7:46:49 PM PDT by paudio (Universal Human Rights and Multiculturalism: Liberals want to have cake and eat it too!)
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To: middie

re: Florida Statute 57.105 or its sucessor, Florida Rules of Professonal Responsibility

It is clear that this is exceedingly rarely used. However these idiots are suing the ABA, which might just tick some judge off somewhere.


22 posted on 09/03/2006 7:47:57 PM PDT by FormerACLUmember
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To: hoosierham

They don't call the US Justice system "the Jackpot Lottery" for nothing.


23 posted on 09/03/2006 7:51:03 PM PDT by FormerACLUmember
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To: FormerACLUmember

Lawyers deserve each other.


24 posted on 09/03/2006 7:51:52 PM PDT by TimesDomain (When a judge declares himself "MASTER", you become his "SLAVE")
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To: Loyalist

1. Way too many law schools in the US. Alot of Colleges/Universities that did not have law schools added them because they are a great revenue source. You can charge an high tuition with very low operating/lab costs (with the exception of the law library..which has become virtually obsolete now with Westlaw and Lexis) that would be associated with other degree programs.

2. The US News and World Report rankings have totally changed the admission process of US law schools. Every school is in a fight to increase its ranking so it can get more campus recruiters/more applications ect. Right now..there are only essentially 3 things that determine whether you get into law school or not. GPA, LSAT and Race.
In actuality if you want an accurate predictor of success the LSAT is the best tool. It's ridiculous that someone that graduated with a degree in Physical Education with a 3.0 from Xwest state University diploma mill gets the same consideration based on GPA as someone with a 3.0 in engineering from a top notch school.

It used to be much riskier to enter law school. In the old days the law school would admit a large 1st year class with the expectation that 1/3 to 1/2 would drop out after the first year.


25 posted on 09/03/2006 7:53:51 PM PDT by Fast Ed97
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To: TimesDomain

Ben Franklin said: "One lawyer in a town starves. Two lawyers prosper greatly!"


26 posted on 09/03/2006 7:53:56 PM PDT by FormerACLUmember
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To: FormerACLUmember
Gosh, I hope he doesn't ruin the ABA's forced affirmative action scheme which discriminates against qualified potential students and is designed to control the supply of lawyers (as they know vast numbers of quota-students won't ever graduate). <s>
27 posted on 09/03/2006 7:53:59 PM PDT by monkapotamus
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To: FormerACLUmember

Jonathan Swift-- "When a true genius appears, you can know him by this sign: that all the dunces are in a confederacy against him."


28 posted on 09/03/2006 7:56:44 PM PDT by rawcatslyentist (I'd rather be carrying a shotgun with Dick, than riding shotgun with a Kennedyl! *-0(:~{>)
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To: Loyalist
Up here, the law schools make it tough to get in, and almost as tough to flunk out.

It's pretty hard to flunk out here, too. It's easier if you are using a lot of financial aid. If you are writing checks as you go, and the checks don't bounce, you will graduate. Witness Joe Kennedy. I don't think he ever passed the NY bar; I'm pretty sure he flunked three times. (He should have done like Ted at Harvard, and just had someone else sit the exam for him... knowing Kennedys he did, but picked a stupid stand-in).

I knew dozens of guys who took it, and they all passed first time. Mind you, they studied, something foreign to the Kennedy family.

As far as flunking out of law school... naw. Show up, do the work, you pass. I bet hundreds of people have graduated from that school with lower LSATs and IQ than this bozo (to start with, all the affirmative action students).

And yes, everybody I know who teaches anything encounters "helicopter parents." The one exception, I've never seen mom or dad argue with a flight instructor (although I have seen indifferent teens frog-marched in for lessons).

d.o.l.

Criminal Number 18F

29 posted on 09/03/2006 8:07:45 PM PDT by Criminal Number 18F (In which article of the Constitution is the Press assigned a role in government? Precisely.)
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To: FormerACLUmember

Lawyers suing law schools- it was just a matter of time before the herd of cash cows thinned to this.


30 posted on 09/03/2006 8:07:55 PM PDT by fat city ("Journalists are sloppy, lazy and on expense account")
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To: FormerACLUmember

There are so many people it could apply to that it just boggles my mind.


31 posted on 09/03/2006 8:08:12 PM PDT by Past Your Eyes (Some people are too stupid to be ashamed.)
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To: FormerACLUmember
A stupid lawyer! It certainly is a creative lawsuit though.

(No more Olmert! No more Kadima! No more Oslo! )

32 posted on 09/03/2006 8:09:36 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: goldstategop
Those who can, do.

Those who can't teach.

So those who can't teach, teach teachers to teach.

Applying this to lawyers--

Those who can't sue
teach lawyers that do!

Cheers!

33 posted on 09/03/2006 8:13:46 PM PDT by grey_whiskers
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To: FormerACLUmember

Q: How many lawyers does it take to stop a moving bus?
A: Never enough.

Q: What do you call a lawyer who is buried up to his neck in wet cement?
A: Not enough cement.

Q: What's the difference between a porcupine and a Mercedes Benz full of lawyers?
A: The porcupine has pricks on the outside.


34 posted on 09/03/2006 8:15:29 PM PDT by Screamname (A second plane has just hit the second tower, this is a coincidence. - Katie Couric, Sept 11th 2001)
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To: goldstategop
A stupid lawyer! It certainly is a creative lawsuit though.

Actually most lawyers are far more intelligent than this dunce and his counsel.

That is what makes them so dangerous. And destructive to civil society.

35 posted on 09/03/2006 8:17:48 PM PDT by FormerACLUmember
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To: Screamname

What do Lawyers use for birth control?

Answer: Their personalities.


36 posted on 09/03/2006 8:18:47 PM PDT by FormerACLUmember
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To: FormerACLUmember
"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!"

My son is a medic (second tour of Iraq) and is also a weight lifter. The grunts in his unit love and protect him. They know he can lift and carry their butts to safety if things go bad for them.

37 posted on 09/03/2006 8:34:35 PM PDT by cpdiii (Socialism is popular with the ruling class. It gives legitimacy to tyranny and despotism.)
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To: FormerACLUmember

since there are more first year seats than law school applicants this is particularly irrelevant since he can go to SOME law school SOMEWHERE.

Of course if FL did not have two other newer diploma mill law schools st thomas would be seen as the diploma mill of the state.


38 posted on 09/03/2006 8:40:02 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: cpdiii

God bless you, and especially God bless your wonderful son!


39 posted on 09/03/2006 8:42:13 PM PDT by FormerACLUmember
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To: longtermmemmory

Just out of curiosity, what are the Florida Lawyer diploma mills?


40 posted on 09/03/2006 8:43:03 PM PDT by FormerACLUmember
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