Lincoln Memorial University Duncan School of Law v. American Bar Association (TV1)

Filing 43

MOTION to Dismiss by American Bar Association. (Vogel, Howard)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
KNOXVILLE DIVISION
LINCOLN MEMORIAL UNIVERSITY
DUNCAN SCHOOL OF LAW,
Plaintiff,
v.
THE AMERICAN BAR ASSOCIATION,
Defendant.

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Case No. 3:11-CV-608
Hon. Thomas A. Varlan
Magistrate Judge C. Clifford Shirley

DEFENDANT AMERICAN BAR ASSOCIATION’S MOTION TO DISMISS
Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 8(a), Defendant American Bar
Association (“ABA”) respectfully moves to dismiss the Complaint filed by Lincoln Memorial
University Duncan School of Law (“the School”).
The Complaint arises out of the School’s application for provisional approval by the
Council of the Section of Legal Education and Admissions to the Bar (the “Council”). It alleges
that the Council’s decision violated federal and state common law due process and violated the
antitrust laws. Because the Complaint fails to plead facts that, if true, show that the School is
entitled to relief, Ashcroft v. Iqbal, 129 S. Ct. 1937, 1950 (2009), it should be dismissed in its
entirety.
The ABA files this motion in compliance with the February 8, 2012 date set by the Court
for the ABA to respond to the Complaint (Doc. 31). The ABA also has concurrently filed a
Motion to Stay this litigation pending the decision of the Appeals Panel on the School’s appeal
from the Council’s denial of provisional approval, which appeal was publicly announced on or
about January 19, 2012. In the event that the Court does not stay the litigation, the ABA
respectfully requests that the Court dismiss the Complaint. The reasons for dismissal are

explained in the accompanying Memorandum of Law.
Dated: February 8, 2012
Patricia J. Larson*
Stephanie Giggetts*
American Bar Association
321 N. Clark Street
Chicago, IL 60654
[phone]

Respectfully submitted,
By: s/ Howard H. Vogel
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Howard H. Vogel (001015)
Jeffrey R. Thompson (20310)
P. Alexander Vogel (023944)
O’Neil, Parker & Williamson, PLLC
7610 Gleason Drive, Suite 200
Knoxville, TN 37919
[phone]
Anne E. Rea*
Michael P. Doss*
Linda R. Friedlieb*
Sidley Austin LLP
One South Dearborn Street
Chicago, IL 60603
[phone]
Attorneys for Defendant

*Pro hac vice

CERTIFICATE OF SERVICE
I certify that on February 8, 2012, I properly served all parties by operation of the Court’s
electronic filing system to all parties indicated on the electronic filing receipt and U.S. Mail.
By:

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s/ Howard H. Vogel (0001015)