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National Merit Scholars In Virginia Should Sue Schools

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Intentionally Withholding Notification of Awards Is Tortuous

WASHINGTON - Amzeal -- Although Attorney General Jason Miyares is seeking to determine if the decisions by at least 16 high schools in three different Virginia counties - to deliberately withhold from student winners of National Merit Scholarships that they had won the prestigious awards - violated any anti-discrimination statutes, it is unlikely that his investigation will result in any compensation for the adversely affected students and their families.

That's why an attorney and law professor known for bringing innovative and successful legal actions is urging the affected students and their parents to bring civil law suits against the schools, for jeopardizing their scholarship opportunities in addition to other harms, for what he called "this outrageous and very harmful and unlawful conduct."

Public interest law professor John Banzhaf, who masterminded successful novel law suits against the major tobacco companies, McDonald's, Spiro T. Agnew, and many others - including over 100 successful anti-discrimination legal actions - suggests that a few students step forward and bring a class action law suit.

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The reason some students and their lawyers haven't done so already, he suggests, is probably that the facts of the cases do not match those for any of the generally known torts (civil actions) with which most attorneys are familiar.

So the law professor - who once had to utilize a tort which had not been seen since the middle ages in order to sue former vice president Spiro T. Agnew for the money he received in bribes after the State of Maryland refused to bring or even join the lawsuit - suggests using another somewhat obscure but very powerful intentional tort known as the "prima facie tort."

So, says Banzhaf, jurors may well determine that deliberately preventing students from applying in time to universities of their choice, and/or seeking badly-needed financial scholarships so that they would be able to attend, simply to achieve equal outcomes for the great majority of students who could not and did not achieve such awards, is "generally culpable and not justifiable."

Banzhaf is so well known for developing novel and outside-the-box legal theories and causes of action to win cases with unusual and/or difficult fact patterns that he has been called "Legal Academia's Instigator in Chief," an "Entrepreneur of Litigation, [and] a Trial Lawyer's Trial Lawyer."

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For example, in addition to using a 16th century writ to be able to successfully sue Agnew, he was able to develop a novel theory to sue McDonald's for making a true but arguably misleading statement about its french fries.

http://banzhaf.net/ (https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fbanzhaf.net%2F&data=05%7C01%7Casheff%40bethesdamed.com%7C41465a124e6c417c1c0708daf7fa4239%7C88167aa4b4924c06a55b79c32b78b065%7C1%7C0%7C638094951622209114%7CUnknown%7CTWFpbGZsb3d8eyJWI...)   jbanzhaf3ATgmail.com   @profbanzhaf


Source: Public Interest Law Professor John Banzhaf
Filed Under: Education

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