By Daniel Wiessner

ALBANY, N.Y., Jan 4 (Reuters) - A state judge has dismissed a $50 million lawsuit brought by Albany Law School graduates who claimed their alma mater published misleading employment data.

Acting Supreme Court Justice Richard Platkin on Thursday rejected the claims of four recent graduates that the data was misleading because it included any type of employment, not just jobs in the legal field. The plaintiffs had sought class action status on behalf of all students who attended Albany Law between February 2006 and February 2012.

"Given the elaborate and somewhat subjective nature of plaintiffs' definition of 'employment,' it is difficult to envision how they could reasonably have expected any single published statistic to comport with all of their assumptions and expectations regarding legal employment," Platkin wrote.

Jesse Strauss, who is representing the plaintiffs, said on Friday that he would appeal.

Albany Law Dean Penelope Andrews said in a statement on Friday that the school is gratified with the decision.

The Albany Law suit is one of 15 similar actions filed nationwide, including three others in New York -- against New York Law School, Brooklyn Law School and Hofstra Law School, said Strauss, who is representing the plaintiffs in 14 of the cases.

The Appellate Division, First Department, last month upheld the dismissal of a $200 million lawsuit against New York Law for publishing allegedly misleading job data. Strauss said he is seeking leave to appeal that ruling.

Four other suits against schools have been dismissed but are on appeal, he said. The rest are awaiting decisions on motions to dismiss or are proceeding to discovery, Strauss said.

The lawsuits generally allege fraud and misrepresentation, as well as violations of state business laws, on behalf of proposed classes of law school alumni. Most of the schools, including Albany, have refuted the claims, saying that job data does not constitute a promise of future employment.

NOT GENERAL CONSUMERS

In the Albany case, the graduates claimed that when they enrolled, they relied on salary and employment data published on the school's website, including a claim that 90 percent or more of students in recent graduating classes were employed within nine months of graduation, Platkin said.

The employment data was misleading, according to the complaint, because it included students who had secured only temporary or part-time employment, or jobs outside the legal profession.

The graduates claim in the complaint they had been unable to secure permanent, full-time legal employment since graduation. Two have had temporary jobs as lawyers, one worked as a clerk at a law firm and the other has not found a job in the legal field, Platkin said.

The suit alleges that Albany Law violated Section 349 of the state General Business Law, which prohibits the publishing of information that is "likely to mislead a reasonable consumer," as well as section 350, which holds businesses liable for damages incurred as a result of false advertising.

In dismissing the claims, Platkin distinguished law students from general consumers, saying they are "a reasonably well-educated group of consumers who are called upon to make major life decisions." As a result, he said, the decision to enroll at a particular school should be informed by more than a single set of employment statistics.

Platkin, who graduated as valedictorian of Albany Law in 1993, declined in September to recuse himself from the case. The plaintiffs had argued that he might have knowledge of the employment landscape for Albany Law graduates apart from the facts presented in the case. The judge disagreed and found he could remain impartial.

Henry Greenberg, who represented the school, said on Friday that Platkin's ruling was exceptionally well reasoned and that he was confident it would be affirmed if an appeals court hears the case.

The case is Matthew Austin v. Albany Law School of Union University, New York State Supreme Court, Albany County, No. A0014/2012.

For the plaintiffs: Jesse Strauss, David Anziska and Frank Raimond.

For Albany Law: Henry Greenberg, Cynthia Neidl and Josh Oppenheimer of Greenberg Traurig.

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