Last week thousands of law students who took the bar exam were unable to upload their answers for several hours after they were due because ExamSoft Worldwide Incorporated suffered some malfunctioning server problems.
This is not the crowd to piss off. The Florida-based test-taking software company has received at least three lawsuits from bona fide lawyers who have filed class-action suits against the company because of the technical blunder.
The complaints allege that ExamSoft violated consumer fraud, breach of contract and deceptive trade practices. They also demand that ExamSoft give back the $100 to $150 fee they charged tens of thousands of students to use its software.
The Associated Press reported that one complaint filed on behalf of three law school graduates from Illinois, Maryland and Minnesota by Miller Law LLC in Chicago blames ExamSoft for causing students to waste late-night hours desperately clicking on their computers instead of spending their time as they should have, which was to prepare for the second day of the exam:
The Wall Street Journal blog says, “As a result of the Massive Technical Failure, tens of thousands of test takers were unable to relax and/or prepare for the following day of bar examination testing. For some test takers, the Massive Technical Failure negatively influenced their performance on the second day of the bar examination and thus added to their anxiety in an already high stress environment.” See full article.
This should prove to be a very interesting case, mostly because, if we start suing all the people who make it hard (and sometimes impossible) to relax or prepare for the next day due to the anxiety they caused (intentionally or not), the list is going to be very, very long.
What are your thoughts? Does this make sense to you or do you see this as a frivolous lawsuit?