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Students walk on the campus of Yale University in New Haven, Connecticut. REUTERS Shannon Stapleton

Court splits up age discrimination case against law schools

2/22/2012 COMMENTS (0)

Feb 22 (Reuters) - A federal judge has split up a lawsuit accusing six law schools of age discrimination, sending claims against four of the law schools to courts in their home districts.

Nicholas Spaeth, the former state attorney general of North Dakota, filed the lawsuit last July. Spaeth alleged that six law schools and officers of those schools violated the Age Discrimination in Employment Act by not offering him a tenure-track teaching job when he applied.

U.S. District Judge Ellen Segal Huvelle on Friday granted four defendants' motions to sever their claims from the case and transfer them. Claims against Michigan State University College of Law will be sent to the Western District of Michigan; claims against the University of Missouri School of Law to the Western District of Missouri; claims against University of California Hastings College of the Law to the Northern District of California; and claims against the University of Iowa College of Law to the Southern District of Iowa.

"The Court concludes that the balance of convenience of the parties and witnesses are in favor of transferring" these claims to their home districts, the judge ruled.

Daniel Prywes, an attorney for the defendants, declined to comment.

Lynne Bernabei, an attorney for Spaeth, could not be reached for comment.

Huvelle did not rule on the merits of the case. She also did not rule on claims against two defendants: Georgetown University and the University of Maryland. Those claims remain before her court.

Spaeth, 63, served as North Dakota's attorney general from 1985 to 1993. He earned his J.D. from Stanford Law School in 1977 and previously taught law at University of Minnesota Law School and University of Missouri School of Law.

He is seeking a court order calling on each defendant law school to offer him a tenure-track teaching position, compensation for future lost wages and other damages.

The case is Spaeth v. Michigan State University College of Law, U.S. District Court, District of Columbia, No. 11-1376 (ESH)

For the plaintiffs: Lynne Bernabei and Alan Robert Kabat, Bernabei & Wachtel.

For the defendants: John Simpson, Michelle Pardo and Rebecca Bazan of Fulbright & Jaworski; Daniel Prywes of Bryan Cave; William David Nussbaum of Hogan Lovells; Susanne Harris Carnell of Lorenger & Carnell; George Andrew Carroll of the State of Iowa; Sara Slaff of the Maryland Office of the Attorney General.

(Reporting by Moira Herbst)

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