Grad student sues over recieving a C-plus claiming it cost her 1.3 Million

[orangeblueorangeblue]

Originally Posted by gatorev12

People: this case has nothing to do with torts. The lawyer's suing under breach of contract and discrimination based upon the girl's advocacy for gay marriage--and neither cause of action are considered torts.

yeah that had me scratching my head, too

[Gatorrick22]

Originally Posted by gatorev12

People: this case has nothing to do with torts. The lawyer's suing under breach of contract and discrimination based upon the girl's advocacy for gay marriage--and neither cause of action are considered torts.

And.... so you think she deserves any money, more than lawyers fees, one free semester with another professor, and court costs? if yes, then we need tort reform.

[wgbgator]

Originally Posted by Gatorrick22

And.... so you think she deserves any money, more than lawyers fees, one free semester with another professor, and court costs? if yes, then we need tort reform.

He didnt say anything about the merits of the case, just that "tort" did not apply in this instance, responding to people talking about tort reform, which would do nothing in to stop such lawsuits.

[g8rjd]

Originally Posted by PSGator66

Can you imagine if this student won this case the precedents that it would set!

http://www.ajc.com/news/ap/education...-c-plus/nWNTc/

Trial courts don't create precedent.

[MichiGator2002]

Any thoughts on making it an actual crime (misdemeanor) to file a frivolous, nuisance, or harassing suit? See what kind of disingenuous ads John Morgan comes up with for that.

[Gatorrick22]

Originally Posted by wgbgator

He didnt say anything about the merits of the case, just that "tort" did not apply in this instance.

What I'm saying is that this and all cases like it need to be reviewed for various reasons.

But, in this case itself - I do believe she was wronged, just not 1.3 million worth of wronged.

[g8rjd]

Originally Posted by MichiGator2002

Any thoughts on making it an actual crime (misdemeanor) to file a frivolous, nuisance, or harassing suit? See what kind of disingenuous ads John Morgan comes up with for that.

I know that the public thinks almost all lawsuits are frivilous, but typically, the financial penalty of having to pay the other side's attorneys' fees (and sometimes applying it to the attorney) is pretty disuading in the real world.

[Gatorrick22]

Originally Posted by g8rjd

I know that the public thinks almost all lawsuits are frivilous, but typically, the financial penalty of having to pay the other side's attorneys' fees (and sometimes applying it to the attorney) is pretty disuading in the real world.

I find this to be somewhat incredulous.

[JerseyGator01]

I believe you don't have to pay the other side's legal fees in Jersey if you lose. That's why liberal lawyers love it here and the rest are moving out in droves.

[gatorev12]

Originally Posted by Gatorrick22

And.... so you think she deserves any money, more than lawyers fees, one free semester with another professor, and court costs? if yes, then we need tort reform.

In actuality, I think this case is pretty frivolous and if I were defense counsel, I'd take a hard line to not only get it thrown out of court, but also request attorneys fees and potentially sanctions for plaintiff's counsel.

But none of that changes the fact that the case has absolutely nothing to do with torts--and talking about "tort reform" in this instance is a complete red herring.

[gatorev12]

Originally Posted by g8rjd

I know that the public thinks almost all lawsuits are frivilous, but typically, the financial penalty of having to pay the other side's attorneys' fees (and sometimes applying it to the attorney) is pretty disuading in the real world.

It hasn't been my experience that too many attorneys press very hard to get attorneys' fees and/or to sanction opposing counsel--even if there are strong grounds for one or the other (or both). One, not many judges like granting motions to that effect..and two, it's a sure-fire way to gain notoriety within the legal community in your area.

Admittedly, I haven't been around in the profession for nearly as long as some of our more experienced legal eagles around here--but that's just my personal observation.

[MastaG8r]

Originally Posted by gatorman_07732

I suspect many therapists lay on someone else's couch.

Actually I think therapists are all but required to get peer counseling occasionally, if not regularly.

If it's true that this girl received a zero in class participation even though she attended and participated in every class, that does seem sort of odd. And her father is a professor at the university? Maybe some sort of rivalry or feud between the professors? Although if that was the case it seems odd she would've taken the class. Still, though. A zero?

[kygator]

Originally Posted by MichiGator2002

Any thoughts on making it an actual crime (misdemeanor) to file a frivolous, nuisance, or harassing suit? See what kind of disingenuous ads John Morgan comes up with for that.

I thought I got away from his commercials when I moved to Kentucky. Now he is advertising in Lexington too.

[orangeblueorangeblue]

Originally Posted by Gatorrick22

I find this to be somewhat incredulous.

Incredulous?

[gregthegator]

I think she wins....and gets $1....

In one of my class's at UF in my 2nd year...the 1st paper I turned in got D-

Dropped class and re-took next semester...turned in THE EXACT same paper...(dif. prof./T.A. mind ya)...got A+ and set THE curve.

Personal agenda's should NOT be allowed by THE school.

Pretty dang obvious THERE WAS one involved here.

[Matthanuf06]

A 0 for a participation score when she attended every class? Seems odd. Such an odd score hopefully means the teacher has good documentation.

[gatorev12]

Originally Posted by Matthanuf06

A 0 for a participation score when she attended every class? Seems odd. Such an odd score hopefully means the teacher has good documentation.

If the teacher had a good reason for it--who are we to second-guess?

My junior year at UF, I took a history course on the British Empire. I'd lived in England for a couple years growing up, so it was a piece of cake for me. I showed up to every class, usually chipped in with insightful questions/comments, got an A on every test, and an A on the term paper.

This particular professor liked to set appointments during the study week before finals to give every student their term paper and discuss their final grade. Instead of getting an A+ in the class, the professor gave me an A-. On the paper itself, there was a note saying "While I know you always came to class and participated with some great comments, I struggled to give you an A+ because I also know you brought the Alligator to class every day and worked on the crossword puzzle." After reading it, she quickly jumped in and said "I'm sorry if that disappoints you, but I honestly felt I should give the A+ to the person who worked harder in the class for it, even if you had the higher scores on the test and paper."

I suppose I could have bitched at her or complained to the department. But she was right: I did half-ass it in that class and her final grade was meant to instruct, not to punish.

This girl could have similarly learned a valuable lesson, but chose to be a self-absorbed douchebag. I don't feel sorry for her and she deserves to be ridiculed for this for quite some time.

[lacuna]

nm

Some things are better left unsaid.

[corpgator]

Originally Posted by gatorev12

If the teacher had a good reason for it--who are we to second-guess?

My junior year at UF, I took a history course on the British Empire. I'd lived in England for a couple years growing up, so it was a piece of cake for me. I showed up to every class, usually chipped in with insightful questions/comments, got an A on every test, and an A on the term paper.

This particular professor liked to set appointments during the study week before finals to give every student their term paper and discuss their final grade. Instead of getting an A+ in the class, the professor gave me an A-. On the paper itself, there was a note saying "While I know you always came to class and participated with some great comments, I struggled to give you an A+ because I also know you brought the Alligator to class every day and worked on the crossword puzzle." After reading it, she quickly jumped in and said "I'm sorry if that disappoints you, but I honestly felt I should give the A+ to the person who worked harder in the class for it, even if you had the higher scores on the test and paper."

I suppose I could have bitched at her or complained to the department. But she was right: I did half-ass it in that class and her final grade was meant to instruct, not to punish.

This girl could have similarly learned a valuable lesson, but chose to be a self-absorbed douchebag. I don't feel sorry for her and she deserves to be ridiculed for this for quite some time.

That's a poor way to teach a lesson. She should have pulled you aside and told you to stop or your grade would be lowered. A teacher can't just give lower grades because the class was too easy especially when there's no mention of said rule for lowering your grade beforehand.

It's really the colleges' faults for requiring ridiculous classes for people who don't need them.

[gregthegator]

Originally Posted by gatorev12

If the teacher had a good reason for it--who are we to second-guess?

This girl could have similarly learned a valuable lesson, but chose to be a self-absorbed douchebag. I don't feel sorry for her and she deserves to be ridiculed for this for quite some time.

I think my scenerio more likely than yours...and ANY lawyer who ASSumes stuff...such as IF or "could have similarly learned"....and then makes character judgements w/out ALL the facts...certainly wouldn't represent moi.