Legal Practice Guide 4: Class Actions and Savannah Law School

Ask any Civil Procedure student the elements of a class action and they'll probably spout something about International Shoe in a nervous, short-breathed frenzy.  Thankfully - and by design - the bar exam prep booklet fills the gaps, although most practitioners are rusty and may not recognize a good class action when they see one.

Read Rule 23 and you'll recall that the five elements of a class action are:

• Numerosity:  are there enough people that this should be a class action?
• Commonality:  are there common questions of law and fact to all claimants?
• Typicality:  are the class reps' claims typical of the claims?
• Adequate Representation:  can the class reps adequately represent the class?
• Favorability:  is this the sort of claim that the judiciary and other influencers politically favors and can allow without vomiting?

Now let's evaluate the recent class against re: poor Savannah Law School:

Attorneys for seven Savannah Law School students and prospective students have filed a class action suit against the soon-to-close school for what they say is a civil conspiracy to deprive the students of a promised law school degree in order to advance their own business and financial interests.
...
The suit charges that defendants deflated their grade curve, forced students out of scholarships and into student loans, deprived students of in-person instruction by law school faculty, sold the 516 Drayton St. building, and “ultimately closed (the school) in order to financially benefit (themselves) and improve Atlanta’s John Marshall’s financial position during the fall-out over its noncompliance with ABA accreditation standards.”

Woof.  I see numerosity and adequate representation - natch, since the class reps are law students - but how in the world could there be common questions of fact or typicality?  Student A may have gotten a C in Contracts while Student B got a C-.  Each student's scholarship deprivation fraud is radically different.

And favorability?  Fuck 'em from the side.  These are sophisticated consumers.  They knew the terms of their agreement and that rich older dudes could throw some smelling salts into their legal eagle fantasies.  An education isn't a guarantee of any particular career result.  You, the student, have to do the work and network and make it happen on your own.  Stop your whining and pay your debts like an adult.  You should've looked at the materials and the data, properly evaluated risks and benefits. 

Besides, what are their damages?  They can still transfer to any number of excellent law schools for a plush reserved seat on the Million Dollar Express.  Champagne's on ice and there's a dame in every sleeper room.  The only class action you'll be caring about when you teacher-student role play. Enjoy detention!