Since the news had surfaced that the Georgia Bar had mis-graded bar exams from 2015 and 2016, telling 90 students they’d failed the test when in reality they’d passed, people were expecting litigation to follow the incident. A lot of the victims suffered both professionally and personally (and as hopeful members of the legal profession) one would expect for them to seek after remedies.
The 90 students have now filed a lawsuit. Lloyd Dan Murray Jr. is the named plaintiff in this class action (and as noted by the Daily Report) and in a strategic move the case names exam software company, ILG Information Technologies, as the defendant and not the state bar:
The lawsuit was filed Thursday in Bryan County State Court by Brent Savage of Savage Turner & Pinckney in Savannah. Savage, a veteran personal injury lawyer and author of “Class Actions in Georgia,” said Monday he sued the software company because he believes the state bar would be protected by the same immunity under Georgia law that benefits other state agencies. “It wouldn’t be awkward for me to sue the state bar,” Savage said. But he determined that a corporation—presumably with assets and insurance—would be the better strategic choice.
The lawsuit alleges that the software company designed the process by which grades on the essays were scaled, which led to the inaccurate reporting of failure.
As we mentioned in one of our previous articles the victims can sue for both special damages (such as loss of income or loss earning capacity) and general damages (such as emotional distress).
We will continue to post updates as they come.