ExamSoft Settles For $2.1 Million With Test Takers Receiving $90

The NYTimes is reporting that ExamSoft has been approved to settle the class-action lawsuit arising out of a computer glitch during last July's bar exam for $2.1 million.

"Last summer, law school graduates racked up some of the lowest scores in nearly a decade on the all-important bar exam. As the test takers and several law school deans viewed it, the poor results were not the fault of the graduates. Rather, it was a computer glitch that prevented them from uploading their completed exams on the first day of the multiday test."

Now, those test takers are being offered a small amount for their suffering: about $90 a person.

"Writing in a legal blog this month, Prof. Jerome M. Organ, at the University of St. Thomas Law School in Minneapolis, asks that because takers spent a night 'completely anxious and stressed out trying repeatedly and unsuccessfully to upload their essay answers, should it be a surprise that they might have underperformed somewhat' the next day?"

I saw firsthand the results of this snafu last summer. A good friend couldn't upload his exam because of the glitch, and he spent the first night in a panic - getting maybe 2 hours of sleep overall. Of course it affected his performance the next day. Thankfully my friend still passed his exam, but it's easy to see how this could have had a major impact on the results.


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