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Federal Judge Tosses Suit by Ex-Law Students Who Challenged ‘Arbitrary and Capricious’ D Minus

Posted Nov 21, 2012 7:34 AM CDT
By Debra Cassens Weiss

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A federal judge in Texas has dismissed a lawsuit by two former law students who claim an unfair grade in contracts class caused them to flunk out of school.

U.S. District Judge Lee Rosenthal said the adjunct contracts professor at Texas Southern University Thurgood Marshall School of Law did not depart from accepted academic norms and there was no due process violation, the National Law Journal reports.

The plaintiffs, Jonathan Chan and Karla Ford, had claimed contracts professor Shelley Smith unfairly tried to "curve them out of the class" and refused to explain her grading. Smith is now a partner at a Chicago law firm.

Chan and Ford had each answered only one of eight questions correctly on their final contracts exam, which accounted for half of their grade, the NLJ story says.

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