TaxProf Blog

Editor: Paul L. Caron, Dean
Pepperdine University School of Law

Tuesday, June 12, 2018

ABA Moves To Dismiss Charlotte Law Prof's Whistleblower Lawsuit

Charlotte Logo (2016)Following up on my previous posts (links below):  Law.com, ABA Says Charlotte Law Whistleblower Suit Is 'Last-Ditch Effort':

The American Bar Association wants out of a whistleblower lawsuit brought by a former professor at the now-closed Charlotte School of Law against the school and its corporate owners.

The ABA on May 31 filed a motion to be dismissed from Barbara Bernier’s qui tam after she added the ABA as a defendant to her nearly two-year-old suit in May.

Bernier originally alleged that Charlotte and owner InfiLaw Corp. defrauded the federal government of $285 million by admitting unqualified students in a bid to pocket their government-issued educational loans. Her second amended complaint added former Charlotte student Ese Love as a plaintiff as well as a claim that the American Bar Association’s Council of the Section of Legal Education and Admissions to the Bar and its accreditation committee were negligent in accrediting Charlotte in the first place.

But naming the ABA as a defendant is merely a “last-ditch effort” to keep the litigation going after a judge dismissed the majority of Bernier’s original claims in April, according to the motion to dismiss.

“Courts uniformly have held that accreditors like the ABA do not owe a state-law duty to third parties, such as students or faculty, affected by accreditation decisions,” the ABA’s motion reads. “Plaintiffs allege no facts that could take this case outside that line of authority.”

Prior TaxProf Blog Posts:

http://taxprof.typepad.com/taxprof_blog/2018/06/aba-moves-to-dismiss-charlotte-law-profs-whistleblower-lawsuit.html

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