Bar Professors Provides Private Tutoring for Repeat Takers for the UBE. North Carolina, Florida, the MBE, UBE, New York and California.
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grads who were wrongly told that they failed the Georgia bar exam cannot
recover damages against the software company they accused of producing the
incorrect scores, the 11th Circuit has ruled last week. The per curiam opinion
upheld dismissal of claims in a would-be class action for ordinary negligence,
strict liability, negligent design and defamation.
The
alleged glitch occurred during a rescoring process on the July 2015 and
February 2016 bar exams.
Under
Georgia’s scoring system, anyone who fails to get a 115 on the multistate exam
automatically fails and the essays are not graded. Essays are scored for those
with multistate scores above the cutoff. Those who are within five points of
the passing grade of 270 get their essays regraded, and the higher essay score
is used.
The
plaintiffs alleged in their suit that, because of a software glitch, the
regraded essays were not properly taken into consideration. They blamed the
company, ILG Technologies, for the mishap.
The
appeals court said the plaintiffs’ claims for defamation failed because they
were unable to show that ILG Technologies published the bar exam results. ILG
Technologies had transmitted the results to Georgia’s Office of Bar Admissions,
which published the faulty information.
The
plaintiffs’ other claims failed because of Georgia’s economic loss rule, which
generally bars recovery by people suing over a contractual duty when they are
not parties to the contract, the appeals court said.
Bar
Professors provide private bar exam tutors for repeat takers who have difficulty
with the MBE, MEE, UBE, Florida, California, North Carolina, Texas and New York
bar exams. You can find us at http://barprofessors.com, like us on facebook
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