MARIETTA — A state court judge heard arguments Thursday on whether to certify a lawsuit against Life University as a class-action case.

The lawsuit, from 470 current and former Life students, seeks monetary damages from the school and its top administrators for failing to maintain its chiropractic accreditation.

A lawyer for the plaintiffs argued in court Thursday that the case should be given class-action status — meaning anyone who attended the school while its accreditation was stripped last year could easily join the lawsuit.

Yehuda Smolar, lead counsel for the plaintiffs, said another 1,500 current and former chiropractic students could choose to join the suit if the case is certified.

“Careers have been disrupted, lives have been displaced and families have been uprooted,” said Smolar. “Even though they have temporarily regained their chiropractic accreditation, the damage has already been done.”

Earlier this month, Senior U.S. District Judge Charles Moye Jr. granted Life a preliminary injunction reinstating the school’s chiropractic accreditation until the resolution of a lawsuit the school filed against the Council on Chiropractic Education is reached.

In Fulton County State Court on Thursday, Life attorney Peggy Brockington recommended that the court deny the plaintiff’s motion for class-action certification until further discoveries can be made and more briefings can be conducted.

“Motion for class-action certification is premature, and the plaintiffs should file their cases individually,” Life argues in court
documents.

Smolar said that Fulton County Judge Diane Bessen should make a decision on whether to certify the case as class-action either today or the beginning of next week.

Because of the large number of plaintiffs, Smolar said several law firms across metro Atlanta have teamed up to prosecute the case.

“We have an excellent team of lawyers, and we are working diligently to serve our clients,” he said.

To certify a case as class-action, the court must find that the number of plaintiffs is so numerous that it makes it impracticable to bring all members before the court.

Ms. Brockington also said it was improper for the plaintiffs to file the motion for class-action certification in Fulton County and recommended the motion be filed in Cobb County’s Superior Court.

“Instead of certifying this case as a class, the court should transfer this case to Cobb Superior Court ... in the interest of orderly and efficient administration of justice,” Life argues in court documents.

Life attorneys are also seeking to remove Joseph Hoffman, a Roswell attorney and co-counselor for the plaintiffs, from the case. Attorneys said he solicited Life students to join the lawsuit as plaintiffs.

“Hoffman contacted students, told them they had been damaged, told them Life would not get its accreditation back, asked them if he could represent them, & told them they would have to pay nothing, told them there was plenty of money available, and told them that attorney fees would either be awarded by the court or would be 40 percent,” court documents state. “Based on his solicitation of students, Hoffman should be disqualified as class counsel and as counsel for the plaintiffs.”

Hoffman could not be reached for comment Thursday.

According to court documents, 10 lawsuits are presently pending against Life, its founder Dr. Sid Williams and several members from Life’s board of trustees.

The student lawsuits have been filed in three different courts in Cobb and Fulton counties. Three of the 10 cases are seeking class-action status and the other seven were brought by 73 students in multi-plaintiff groups ranging from one to 29 students.

Smolar said it was too early to disclose the monetary damages they would be seeking from the university.

Life University lost its chiropractic accreditation last June and a three-member panel from the Arizona-based CCE refused to lift the appeal in October.

Since Life’s accreditation loss, the institution has witnessed an exodus of chiropractic students and has had to compensate for the lost tuition by cutting numerous expenses and laying off scores of employees.

The school filed the lawsuit against the CCE claiming the agency acted unfairly in its decision to strip the institution of its chiropractic accreditation. The CCE announced earlier this month that it would appeal the injunction and ask to reverse Moye’s decision.

pgiltman@mdjonline.com