Rodi v. Southern New England School of Law
United States Court of Appeals for the First Circuit
389 F.3d 5 (2004)
SNESL (defendant) recruited Rodi (plaintiff) with a letter expressing high confidence about obtaining ABA accreditation and describing the school's future as bright, while its catalogue disclaimed any promise of accreditation before graduation. After the ABA denied accreditation during Rodi's first year, the acting dean assured him there was no cause for pessimism; the ABA denied accreditation again during his third year, barring him from the state bar exam. Rodi sued for fraudulent misrepresentation, alleging SNESL knew accreditation was highly unlikely when it made these statements. The district court dismissed the suit, and Rodi appealed.
Whether a statement couched as an opinion may constitute a statement of fact for fraudulent misrepresentation if it can reasonably be understood as implying facts that justify the statement.