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Anonymous Plaintiff Seeks Class Action Status
In a race and sex discrimination lawsuit challenging the New York University School of Law’s flagship law review’s selection process, an anonymous plaintiff, John Doe, is now seeking class-action status. The plaintiff aims to represent all current and future white, heterosexual male students aspiring to participate in the law review.
Certification Request Before Writing Competition
John Doe filed a request on Wednesday before a federal judge to certify the case as a class action before May 10. This significant date marks the beginning of the law review’s writing competition, determining membership for the following academic year. Positions on the law review, such as student editor and other staff roles, are highly prestigious and can significantly impact future career opportunities in the legal field.
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Discrimination Allegations against NYU Law Review
The lawsuit, filed in October in Manhattan federal court, alleges that the NYU Law Review gives preference to women and minorities, violating Title VI and Title IX. These federal regulations prohibit racial and sex discrimination in education programs that receive federal funds. In November, a judge allowed the plaintiff to proceed with the case anonymously.
Legal Representation and NYU’s Response
NYU has enlisted the services of prominent attorney Roberta Kaplan of Kaplan Hecker & Fink to defend against the lawsuit. Kaplan, notable for representing E. Jean Carroll in her defamation trial against former President Donald Trump, has not commented on the case. NYU Law, on the other hand, declined to comment on John Doe’s class action bid.
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Motion to Dismiss and Legal Team
NYU’s motion to dismiss the case is due on January 29, with the school dismissing Doe’s claims as “baseless.” The plaintiff is represented by America First Legal, an organization led by former Trump adviser Stephen Miller. Conservative lawyer Jonathan Mitchell, who previously sued the NYU Law Review and the Harvard Law Review in 2018 for discrimination, is also part of Doe’s legal team.
First Challenge Post-Supreme Court Decision
This lawsuit is the first legal challenge to law review diversity policies following the U.S. Supreme Court’s June decision that prohibited race-conscious college and university admissions. John Doe is urging the court to enjoin the NYU Law Review from considering “race, sex, sexual orientation, or gender identity” when selecting editors or staffers.
Class Action Status Motion
The motion for class action status cites figures from the American Bar Association, revealing 96 white men in NYU Law’s current class of first-year students. Doe contends that most of these students are “likely to intend to apply” to the law review.
Legal Representation:
- For Doe: Ronald A. Berutti of Murray-Nolan Berutti LLC; Christopher Mills of Spero Law LLC; Jonathan F. Mitchell of Mitchell Law PLLC; Gene P. Hamilton of America First Legal Foundation.
- For New York University: Roberta A. Kaplan, Gabrielle E. Tenzer, Amit Jain, Raymond P. Tolentino of Kaplan Hecker & Fink LLP.
The case is John Doe v. New York University, filed in the U.S. District Court for the Southern District of New York, with the docket number 1:23-cv-10515.
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