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Rodi v. Southern New England School of Law | 389 F.3d 5 (2004)
Higher-education institutions routinely highlight their most desirable attributes when recruiting students and may even employ some positive spin to remain competitive. But at what point does positive spin cross the line to fraud? The First Circuit considered this in Rodi versus Southern New England School of Law.
Joseph Rodi planned to attend law school. While reviewing the different options offered by various institutions, the Southern New England School of Law sent him a recruitment letter. The letter stated that Southern New England was pursuing accreditation from the American Bar Association, or ABA; that the school was confident it would receive accreditation; and that its future had never looked brighter. Rodi ultimately enrolled at Southern New England. The school sent him a catalog including a statement that the school wasn’t making any representations that it would receive ABA accreditation prior to any student’s graduation. While Rodi was completing his first year of law school, the ABA denied the school’s accreditation application. Although Rodi explored the possibility of transferring to a different law school, the dean sent Rodi a letter that explained the school was actively working to improve the areas that the ABA had found deficient and emphasized there was no reason to be pessimistic about the future. Rodi chose to remain at Southern New England, but during his third and final year of law school, the ABA denied the law school’s renewed accreditation application. As a result, Rodi earned his law degree from an unaccredited institution, which made him ineligible to sit for New Jersey’s bar exam.
Rodi sued Southern New England for fraudulent misrepresentation, alleging that the school was aware that its chances of accreditation were highly unlikely because the ABA’s assessment of the school was extremely critical. The district court granted Southern New England’s motion to dismiss, and Rodi appealed to the First Circuit.
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