Law schools across the country are paying close attention to a lawsuit recently brought in a North Carolina Federal District Court. According to publicly available documents, Duke Law student Greg Bell is suing the school's administrators, professors and even former students claiming that they falsely and fraudulently advertised the last year of law school as easy, relaxing and enjoyable.
"Duke has unfairly and deceptively held out 3rd year as a pleasant experience, a counterweight to the difficult and arduous 1st and 2nd years of law school" read Bell's pleadings. "By misrepresenting the nature, characteristics and qualities of year three the law school has unquestionably violated federal law."
Bell has brought his claim under §43 of the Lanham Act which has been utilized to prevent fraudulent and misleading commercial activity. According to the statute, a claim is viable when an advertisement is either literally false or, though literally true, is likely to mislead and confuse.
The 3L avers that, as seen by copious amounts of evidence, the proffered image of the 3rd year is clearly deceptive.
"Between mock trial and moot court tournaments, clinic work, journal edits, the MPRE, volunteer commitments and taking care of bar-related responsibilities, I barely have time for my classes," stated Bell. "I was mislead, plain and simple."
Not only, claims Bell, is 3L year fraudulently filled with numerous time-sapping commitments but the coursework is much more laborious than one would think based on the prevalent marketing.
"Third year was heavily promoted as a time when I could slack off and take easy classes," said Bell, shaking his head in disbelief. "But the reality is far different. Though I will have to take fewer finals this semester, I am in all these weirdo seminars that require countless journals, papers and presentations. Really, it's just a different type of suffering. Instead of a quick and deadly blast of exams, I am subject to a slow death by a thousand reflection papers."
The Duke 3L's pleading also mentions that, per the judicial requirement, the sham propagated by Duke was material in his choice as a consumer.
"There is no question that I would not have bought into this whole law school thing if I knew ahead of time the pain of the first couple of years would not eventually subside," said Bell with emphasis. "In fact, I don't believe anyone would purposely fork over all that tuition unless they were tricked into doing so from the beginning."
Bell underscored that Duke's material deception has resulted in a number of clear, incontrovertible injuries. He points to his decreased sleep, increased nervousness and elevated blood pressure as just some of the consequences of a 3rd year that has been more grueling than expected. Moreover, the 3L emphasized that by not having the time do things like go to Vegas for a long weekend or buy a golf membership he has suffered tremendous emotional strain.
In addition to the university, Bell is suing previous upperclassmen who allegedly told him "a whole host of horseshit about 3L year that didn't end up being true." According to the complaint, the third year blames these students as much as the administration because they helped prop up an extremely "treacherous and damaging ruse."
As a result, the 3L is seeking injunctive relief to enjoin both the school and its students from spreading any more lies as well as damages to compensate him for pain and suffering.
The law school has responded with a statement from its spokesman, asserting that Bell's claim is unfounded.
"Mr. Bell's lawsuit is utterly without merit," maintained Amelia Bish, assistant Dean for Public Relations and a Duke Law School graduate. "As a former Duke 3L, I can say without qualification that the last year of law school was a breeze for myself and the majority of my classmates. Just because Mr. Bell, by being careless in his course and commitment selection, didn't properly follow the directions on how to complete 3L year doesn't mean that Duke is liable.
Bish added: "Instead of bringing suit, Bell should learn to use third year correctly. Go out, drink, enjoy an opulent spring break at an all-inclusive Caribbean resort. Just do something fun and stop wasting our time."
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