Law Professors

Suits by law profs claim they were fired for opposing law school's sale to InfiLaw

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Two tenured law professors at Charleston School of Law have filed lawsuits claiming they were fired because they opposed the school’s sale to InfiLaw.

The professors, Nancy Zisk and Allyson Haynes Stuart, filed the breach of contract suits against the school and its two owners in late June, report the Charleston Regional Business Journal and Above the Law, which cites a story by South Carolina Lawyers Weekly (sub. req.). Their suits are here (PDF) and here (PDF).

The professors say the school claimed the firings were justified by “a state of financial exigency” due to declining student enrollment. In reality, Zisk says in her suit, “the defendants have contrived a financial exigency, not because of natural financial and economic forces, but because of their own wrongful withdrawal of $25 million” in profits from Charleston School of Law accounts.

The profits were taken by the defendants and other members of the corporation that owned the law school, the suits say. Several directors bought the interests of two other directors and charged the $6 million cost to the school, the professors allege. Their suits also claim the law school paid InfiLaw $600,000 a year for services labeled as management services.

Even if a financial exigency did exist and the school followed procedural safeguards, the professors say, they were entitled to payment of one year’s salary after their termination.

The professors say the school tried to change the notice requirement in the faculty handbook to 15 days after a financial exigency is declared, but professors refused to agree to the change. The professors’ contracts incorporated the faculty handbook.

Charleston School of Law’s interim president, Joseph Harbaugh, did not comment on the litigation when contacted by the Charleston Regional Business Journal. He did confirm, however, that the school’s owners declared a financial emergency in December.

Related article:

ABAJournal.com: “Charleston School of Law lays off seven more faculty members, plans to enroll fall class”

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