SPRINGFIELD — The Illinois Supreme Court today declined to hear appeals in a trio of suits alleging three Chicago law schools used deceptive employment and salary statistics to attract applicants.
Alumni of DePaul University College of Law, IIT Chicago-Kent College of Law and The John Marshall Law School challenged the schools’ use of post-graduation employment numbers, contending that the figures did not identify whether students were working as lawyers.
An appellate court last year sided with the schools and ruled that the former students did not show how the numbers caused them harm.
The stats, published on the schools’ websites and other marketing materials, showed over multiple years that more than 90 percent of students were employed within nine months of graduation.
But they did not distinguish between full- and part-time work, whether positions were permanent or whether they required a law degree, the graduates argued.
They also argued that the schools only used full-time salary numbers when describing recent graduates’ earnings rather than part-time salary numbers, which are frequently much lower.
In a trio of identical orders last September, though, the 1st District Appellate Court ruled the plaintiffs failed to make an adequate claim under the Consumer Fraud and Deceptive Business Practices Act.
Although the schools “could certainly have been more specific about the types of employment included in the reported percentage of employed graduates, plaintiffs have identified no affirmative misrepresentation” of the numbers, Appellate Justice Mary K. Rochford wrote in the unanimous decision.
“The gloss placed by plaintiffs on that information, i.e., that it represented the percentage of graduates employed within nine months in jobs for which a law degree was either required or preferred, does not give rise to a cognizable claim.”
Rochford was joined in the decisions by Justices Shelvin L. Hall and Mary Anne Mason. The panel affirmed earlier decisions by Cook County Circuit Judge Mary Lane Mikva and Cook County Associate Judge Neil H. Cohen.
Edward X. Clinton Jr., Edward X. Clinton and Julia C. Williams of the Law Offices of Edward X. Clinton P.C represented the alumni in the case.
The younger Clinton said today he isn’t surprised by the high court’s decision. But he praised the American Bar Association for a spate of changes in 2012 requiring schools to be more specific about their numbers.
“In my opinion, the employment information they were receiving previously was essentially a fiction,” he said.
He added that many of the alumni he represented in the suits have found work in the legal field now, though others never caught on.
“The litigation was worth doing, even if it wasn’t successful. I’ll say that. That’s the bottom line,” Clinton Jr. said.
IIT Chicago-Kent Dean Harold J. Krent said he is “pleased that we can put that meritless suit behind us, and we can focus more on the future of continuing our innovative education.”
William T. Eveland, Hal R. Morris, Christopher S. Naveja and Elizabeth A. Thompson of Arnstein & Lehr LLP represented the school in that case, which is Rachelle Evans et al., etc. v. Illinois Institute of Technology, etc., No. 118470.
John E. Corkery, dean of John Marshall, said he is “gratified” by the Supreme Court’s move and that it’s consistent with decisions in similar cases against schools elsewhere.
“It’s not just that these Illinois courts agreed,” he said. “If you look around the country, the majority of courts have agreed there’s no basis for relief.”
John Marshall was represented by Bruce R. Alper, Joseph A. Strubbe and Travis J. Quick of Vedder, Price P.C.
The case is Jorie Johnson, et al. v. The John Marshall Law School, No. 118468.
Bruce L. Ottley, interim law dean at DePaul, could not be reached for comment. The school was represented by Lawrence C. DiNardo and Tina M. Tabacchi of Jones, Day and Norman B. Berger and Michael D. Hayes of Varga, Berger, Ledsky, Hayes & Casey.
DiNardo cited a handful of similar cases in other parts of the country that have come to the same conclusion as the one involving the three local law schools. He said a few have survived, but “it seems this is the direction these cases are going.”
The case is Jonathan Phillips et al., etc. v. DePaul University, No. 118466.
The three appeals were among the 247 turned down by the high court today, 80 of which were in civil cases and 167 of which were criminal cases.
The court accepted seven civil cases — two were consolidated — and two criminal matters. They are:
•Jeff Gurba, et al. v. Community High School District No. 155, Nos. 118332 & 118369 cons.
A trial court ruled a school board needed a special permit to downsize and relocate bleachers that initially violated Crystal Lake zoning laws, but the board claimed the ruling was an unconstitutional infringement on its power. The 2nd District Appellate Court affirmed.
•1010 Lake Shore Association v. Deutsche Bank National Trust Co., No. 118372
Lake Shore Association alleges the bank owed $62,503.81 in unpaid assessments. On appeal, the bank contended the trial judge misinterpreted the Condominium Property Act in its summary judgment to award the association possession and unpaid assessments, but the 1st District Appellate Court affirmed.
•People v. Adrian Williams, No. 118375
Adrian Williams pleaded guilty to unlawful delivery of a controlled substance, which carries a maximum sentence of 25 years in prison, but he alleges he was misinformed numerous times that he faced up to 60 years. The 3rd District Appellate Court ruled he should get another chance to negotiate a plea.
•Terry L. Seymour, et al. v. Bradley A. Collins, et al., No. 118432
Terry and Monica Seymour filed a bankruptcy petition and changed it several times but failed to inform the bankruptcy court about a personal-injury claim. The 2nd District Appellate Court affirmed a trial judge’s summary judgment for the defendants to invoke judicial estoppel for taking separate positions in bankruptcy proceedings.
•Zlata Petrovic v. Department of Employment Security, No. 118562
American Airlines fired Zlata Petrovic when she gave a passenger an unauthorized gift and first-class upgrade, and the Illinois Department of Employment Security denied her claim for unemployment benefits because she was fired for misconduct. The circuit court ruled for Petrovic, but the 1st District Appellate Court reversed.
•Ballard RN Center Inc. v. Kholl’s Pharmacy & Homecare Inc., No. 118644
Ballard filed a suit against Kholl’s when the pharmacy sent an unsolicited and unauthorized fax that didn’t include an opt-out notice as required by the Telephone Consumer Protection Act. Ballard won in the trial court, and a 1st District Appellate Court mostly affirmed that decision.
•James R. Stevens, et al. v. McGuireWoods LLP, No. 118652
Minority shareholders of Beeland Management LLC filed a one-count breach of fiduciary duty against McGuireWoods for failing to assert claims against another law firm in an underlying lawsuit. A trial judge granted summary judgment to McGuireWoods, and the 1st District Appellate Court allowed Stevens’ suit to advance.
•People v. Jerry Boston, No. 118661
Boston is challenging his conviction of first-degree murder on the basis that the trial court improperly admitted palm-print evidence used against him, saying in-part that the science behind it isn’t correct. A trial judge affirmed the admission of the palm-print evidence, and the 1st District Appellate Court affirmed.