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Law School's ABA Antitrust Lawsuit is Dying a Slow Death

By Stephanie Rabiner, Esq. on April 06, 2012 6:56 AM

It looks like the ABA antitrust lawsuit is dying a slow, yet inevitable, death.

For those not in the know, Lincoln Memorial University's Duncan School of Law filed an antitrust suit against the American Bar Association after being denied accreditation in December. The Tennessee school, which has been accredited by a regional body, claims the ABA is trying to limit the number of law schools and attorneys in the country.

On Monday, a federal judge stayed all litigation.

The stay comes after Duncan's lawyers asked the judge to reconsider a January order denying a temporary injunction. The judge had originally denied the request because the school had failed to exhaust its administrative remedies, explains the ABA Journal. He also wrote that the school was unlikely to prevail on the merits.

The motion for reconsideration argued that the ABA's appeal process is biased. The Duncan School of Law also believes the lack of accreditation is causing students to flee and the number of applicants to drop.

The judge doesn't seem to care.

In an order denying the request for consideration, the judge wrote that the school failed to provide support that the appeals panel would be biased. He also points to a lack of proof that the ABA's decision is contributing to the school's downfall.

This order may very well be the end of the ABA antitrust lawsuit. The court has signaled that, regardless of what happens during the ABA's internal appeals process, the Duncan School of Law won't ever be able to win a temporary injunction, let alone the actual suit.

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