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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: FormerACLUmember; MeekOneGOP; Conspiracy Guy; DocRock; King Prout; SandyInSeattle; Darksheare; ...
Reminds me of the old question, "What do you call a lawyer with an IQ of 40?

Answer: "Your Honor"


41 posted on 09/03/2006 8:44:00 PM PDT by Slings and Arrows ("I've never seen so many testicles in my life.")
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To: Tennessee_Bob

???

All those threads were deleted.


42 posted on 09/03/2006 8:44:57 PM PDT by Lancey Howard
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To: Loyalist

In the USA we have sanctions for frivilous suits.

We also have loser pays via contract and specific areas of statute.

It is not as defender pays as represented.

The problem is the fact that the loser generally is a peniless plaintiff. Even if you win a frivilous claim filing, the plaintiff as in this case is a person with little or no assets. If they file for bankruptcy, even under the new law (which is a joke BTW), they still never pay.


43 posted on 09/03/2006 8:46:08 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: RichInOC

not in modern day law schools.

anyone with a four year degree can get into law schools. This is not a competative law school. They need students to fill their seats.


44 posted on 09/03/2006 8:50:31 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Fast Ed97

You forgot "gender". It does make a difference.


45 posted on 09/03/2006 8:53:25 PM PDT by mysonsfuture
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To: FormerACLUmember

The two newest, One is the Coastal Law School, I don't remember the name fo the other.


46 posted on 09/03/2006 8:54:32 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: cpdiii

Prayers up for your son and his buds!!!


47 posted on 09/03/2006 8:56:49 PM PDT by investigateworld (Abortion stops a beating heart)
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To: FormerACLUmember


*Losing all hope*


48 posted on 09/03/2006 9:27:02 PM PDT by Tzimisce (How Would Mohammed Vote? Hillary for President! www.dndorks.com)
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To: 69ConvertibleFirebird

In defense of medical school students, it is VERY easy to fail out of medical school. If you can't hack it in the classroom, you're gone. They have to be much more selective in who they admit than law schools.

Just compare the average GPAs and a top 25 law school against any average state medical school. Then consider the fact that the average medical student is taking a much more rigorous undergrad curriculum without the grade inflation seen in more traditional legal majors (e.g. political science, communications, etc...). The average MCAT for a matriculating student in medical school is also above the 85th percentile. Not anywhere near true in law school.

The two schools are apples and oranges.


49 posted on 09/03/2006 9:37:45 PM PDT by CheyennePress
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To: Fast Ed97

If there really are too many law schools (and lawyers) please explain why they can charge so much.


50 posted on 09/03/2006 9:38:37 PM PDT by Atlas Sneezed (Your FRiendly FReeper Patent Attorney)
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Comment #51 Removed by Moderator

To: Tennessee_Bob

In addition to being pulled, those threads all have higher numbers than this one.

Curiously, this one and those all have consecutive numbers.


52 posted on 09/03/2006 11:35:10 PM PDT by Erasmus (It takes branes to make an alternate universe!)
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To: Beelzebubba
If there really are too many law schools (and lawyers) please explain why they can charge so much.

Mmmmmmmmm, because their former schoolmates now in the Gub'mint create gobs of demand for their services?

53 posted on 09/03/2006 11:37:22 PM PDT by Erasmus (It takes branes to make an alternate universe!)
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To: Erasmus; Lancey Howard
In addition to being pulled, those threads all have higher numbers than this one. <

Free Republic apparently burped when the thread author originally posted this article, this thread being the first one, and the author clicked post an additional three times. I copied the links to them, and posted them as a sort of "posting police" parody. The links I posted went to the author's unintentional clones of this original article.

54 posted on 09/04/2006 12:16:25 AM PDT by Tennessee_Bob ("Those who "abjure" violence can only do so because others are committing violence on their behalf.")
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To: FormerACLUmember

Yeah, read somewhere that we have 6% of the world's population and 67% of the world's lawyers. I guess the bottom-feeding ones must have to turn to crime to survive.


55 posted on 09/04/2006 2:37:47 AM PDT by Roy Tucker ("You can avoid reality, but you cannot avoid the consequences of avoiding reality"--Ayn Rand)
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To: FormerACLUmember
Michael Lombardi of Lombardi & Lombardi
Sounds like Vincent Luppo of Loophole Legal Services
http://www.youtube.com/watch?v=xEeGs9vSEXA
56 posted on 09/04/2006 6:07:51 AM PDT by The Brush
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To: Roy Tucker

Actually that is an irrelevant comparison because legal systems and dispute resolution is so irrelevant.

(ie In japan there is no jury)

Once of the best unspoken assets in the USA is the enforcement of agreements. In other countries, you are very easily "home towned" in a court that does whatever it wants. (notoriously for investors in russia after the fall of the ussr)

In some places you have no grievance rights at all, specifically countries with socialized medicine where the doctor cuts off the wrong part.


57 posted on 09/04/2006 6:46:26 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Beelzebubba

they charge so much because the government guarantees tuition in the form of student loans which are not dischargable in bankruptcy.

law schools are an EASY EASY cash cow.

Today ANYBODY, literally ANYBODY can be a lawyer.


58 posted on 09/04/2006 6:48:24 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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