With Sharp Rebuke to Law School, Judge Tosses Prof's Suit That Included ABA
Former Charlotte School of Law Professor Barbara Bernier alleged that the now-closed school defrauded the federal government of close to $300 million in federal student loans, but a judge ruled that her allegations were too vague and were barred by earlier suits.
November 15, 2018 at 02:10 PM
4 minute read
A federal judge in Florida has tossed a whistleblower lawsuit brought by a former professor at the Charlotte School of Law against the defunct school, its parent company InfiLaw Corp. and the American Bar Association.
Judge Roy Dalton, Jr. of the U.S. District Court for the Middle District of Florida ruled that plaintiff Barbara Bernier's claims that Charlotte and InfiLaw defrauded the federal government of more than $285 million by admitting unqualified students were too vague to move forward. Moreover, two earlier False Claims Act actions against InfiLaw's soon-to-close Arizona Summit Law School bar Bernier's suit because they brought very similar allegations, Dalton ruled.
Dalton, in declining supplemental jurisdiction, sidestepped Bernier's state law claim that the American Bar Association's Council for the Section of Legal Education and Admissions to the Bar was negligent in bestowing accreditation on Charlotte in 2011.
“No federal claim will continue here and Plaintiffs' claim against the ABA, like the other state-law claims, just arrived,” Dalton wrote in his Nov. 8 opinion. “That means it's early enough to remove this claim without unduly burdening the parties. Plus, the claim presents a pretty run-of-the-mill negligence question; it's not wrapped up in a federal issue that would lean in favor of resolution by a federal court.”
Bernier's attorney, Coleman Watson, did not respond to requests for comment Thursday, nor did an InfiLaw spokesman. (InfiLaw has filed three separate lawsuits against the ABA on behalf of Charlotte, Arizona Summit and Florida Coastal School of Law, each claiming that the organizations' accreditation standards are unlawfully vague and applied inconsistently among schools.)
“The ABA welcomes the judge's ruling to close this case,” said Barry Currier, the ABA's managing director of accreditation and legal education. “We never thought we should have been part of it. We will continue to serve the best interests of students and the public through the ABA law school accreditation process, which has repeatedly been upheld by courts and has been approved by the U.S. Department of Education.”
Bernier's suit barely survived an earlier motion to dismiss, with Dalton tossing most of her claims on the grounds that the former professor was not an original source for the allegations because they had already appeared in various media outlets.
Yet, even in dismissing the suit, Dalton offered a scathing review of Charlotte's business model and treatment of students.
“The whole operation became about increasing enrollment to keep those federal funds flowing in,” Dalton wrote. “And it worked—on the front end, at least. [Charlotte] began admitting hordes of academically unqualified students and increased their tuition from $30,000 more than $41,000. But these dodgy practices caught up with [Charlotte] when it came time for students to pass the bar exam and find legal employment.”
Bernier was a member of the Charlotte Law faculty from 2013 to 2016, and she filed her whistleblower suit shortly after leaving the school. She alleged that Charlotte's admissions practices, academic program and grading, bar passage and employment practices and treatment of faculty were all designed to bring in and retain students without regard to their qualifications or ability to succeed in order to keep student loan dollars coming. The school violated several provisions established by the U.S. Department of Education meant to safeguard federal student loans, she claimed. The government declined to intervene in the suit following an investigation.
After Dalton dismissed many of her initial claims in April, Bernier filed a second amended complaint in May that added plaintiff Ese Love—a former Charlotte student and employee. It also added the ABA as a defendant and several state law claims. That second amended complaint claimed that the ABA erred in ever bestowing accreditation on Charlotte, which allowed students to fully fund their law degrees through federal student loans. (The ABA called the allegation a “last-ditch effort” to revive Bernier's faltering suit in its motion to dismiss.)
In his latest opinion, Dalton wrote that Bernier's “second bite at the apple still sours.”
First, an earlier False Claims Act complaint against Arizona Summit “sketches the exact same fraudulent scheme by InfiLaw,” his opinion reads. Second, her suit fails to demonstrate that Charlotte's handling of federal student loans violated Education Department rules, he found. Lastly, Dalton declined to take up Bernier's state law claims of gross negligence and fraudulent inducement.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'What Is Certain Is Uncertainty': Patchwork Title IX Rules Face Expected Changes in Second Trump Administration
5 minute read'No Evidence'?: Big Law Firms Defend Academic Publishers in EDNY Antitrust Case
3 minute readLaw Firms Are Turning to Online Training Platforms as Apprenticeship Model Falters
'Substantive Deficiencies': Judge Grants Big Law Motion Dismissing Ivy League Price-Fixing Claims
3 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250