Paul L. Caron

Tuesday, July 3, 2018

ABA Moves To Dismiss Florida Coastal's Lawsuit Alleging Arbitrary Enforcement Of Accreditation Standards

Florida Coastal (2017)ABA Journal, Dismiss Florida Coastal Suit, ABA Says; Case Not 'Ripe' For Review:

The American Bar Association has filed a motion for summary judgment to dismiss the lawsuit brought by Florida Coastal School of Law, arguing that the accreditation dispute is not appropriate for federal court litigation.

On Sunday, the ABA filed a motion to dismiss with the U.S. District Court for the Middle District of Florida arguing that, because the ABA’s Council of the Section of Legal Education and Admissions to the Bar has yet to rule on Coastal’s appeal, the matter is not “ripe” for federal court. According to the motion to dismiss, the Council is expected to consider the appeal during its Aug. 2 meeting.

“Coastal will not suffer hardship from delay: The school, the ABA, and other sources have already issued public notice of the Committee decision, and neither of the other two remedial requirements—a notice to students and a fact-finder visit—will occur until after Coastal’s appeal is resolved. For these reasons, it is premature for this court to consider Coastal’s claim until its appeal has concluded,” the filing states.

According to the motion, courts have previously held that judicial review of the ABA’s actions are not ripe until the ABA’s processes are complete.

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