The US Court of Appeals for the Second Circuit on Thursday affirmed dismissal of LLM Bar Exam’s $50 million antitrust suit, which claimed Barbri colluded with law schools to keep the plaintiff off campuses, dominate the LL.M. bar prep market and eventually drive it out of business.
The appellate court found in a seven-page opinion that LLM Bar Exam’s allegations of Sherman Act and RICO violations failed to state a plausible claim to relief, and concluded that the lower court was correct to dismiss the plaintiff’s remaining claims in 2017.
LLM Bar Exam’s attorney, Judd Spray, did not immediately respond to requests for comment, nor did the company’s founder Emanuele Tosolini.
“Barbri is pleased that the Second Circuit affirmed the District Court’s judgment to dismiss the case for failure to state a claim,” said Barbri president Mike Sims on Thursday.
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