As you may have heard, many Bar exam administrators are now using ExamSoft when administering Bar Exams. Last week, ExamSoft's servers went down last week. Examsoft's bar exam disaster (Washington Post, July 30, 2014).
Bar candidates being, well, candidates for admission to the Bar, the inevitable has happened. Two Bar candidates have sued ExamSoft. Examsoft sued for bar exam snafu (Washington Post, August 5, 2014). Karen Sloan has a link to the complaint in her article, Angry Bar Candidates Sue Over Exam Software Problems (National Law Journal, August 6, 2014) (paywall). The class action asserts three causes of action:
- a violation of the Illinois Consumer Fraud and Deceptive Business Practices Act;
- negligence; and
- breach of contract.
Class Action Complaint and Demand for Jury Trial, Litchfield v. ExamSoft Worldwide, Inc., No. 1:14-cv-5971 (N. D. Ill. filed Aug. 04, 2014)(copy available at National Law Journal).
Sounds like a Bar Exam question.
Gary Rosin
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