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Educational Testing Service Praxis Principles of Learning and Teaching Grades 7-12

CASE NUMBER: 2:04-md-01643-SSV-ALC
PRACTICE AREAS: Consumer Protection
SETTLEMENT AMOUNT: $11.1 million
COURT: United States District Court for the Eastern District of Louisiana

Berger Montague served on the plaintiffs’ steering committee and obtained an $11.1 million settlement in 2006 on behalf of persons who were incorrectly scored on a teacher’s licensing exam.

Plaintiffs alleged that Educational Testing Service (“ETS”) incorrectly scored the Praxis 7-12 teaching test when the test was offered on nine occasions in nineteen states between January 2003 and April 2004.  Soon after the tests were taken, ETS informed at least 4,100 persons who took the test that they had failed, despite the fact that they had actually passed the test.

ETS’s actions allegedly prevented many Class members from receiving their professional credentials, and thus prevented them from retaining or obtaining employment as teachers.  For example, many Class members lost their teaching positions, many were denied employment as teachers, and many did not pursue teaching positions because to do so would have been futile.  The loss of employment and employment opportunities caused, among other things, a loss of income, benefits, seniority, and tenure.

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Sherrie R. Savett

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