Read about frivolous Federal Court claims Neal Simon filed, under oath, against a former student.
Neal's claims were called "Ridiculous" by the Court!
Neal Simon, AUA President, signed this statement under oath "Being First duly sworn:
I, Neal Simon, am an officer of the American University of Antigua and its
general counsel.
I have personal knowledge of the facts set forth in this complaint and,
having read the same,
I hereby attest that each and every allegation contained herein is
true to the best of my knowledge, information and belief. "
Neal Simon and American University of Antigua(AUA)filed the
following lawsuit against a former student, Woodward.
These are the numerous frivolous claims filed by AUA!
AUA refused to produce any documentation to support their claims!
The Federal Courts refused counterclaims filed against AUA, by Woodward!
The Federal Courts and Dept. of Education both refused to sanction AUA! (Neal Simon is the General Counsel and President for AUA!)
Neal Simon signed this statement under oath
"Being First duly sworn:
I, Neal Simon, am an officer of the American University of Antigua and its
general counsel. I have personal knowledge of the facts set forth in this complaint and,
having read the same, I hereby attest that each and every allegation contained herein is
true to the best of my knowledge, information and belief.
"
Lawsuit filed by Neal Simon
and AUA.
Federal Court Orders.
COUNT I-Federal Trademark/Tradename Infringement
(AUA lost this claim!)
Neal Simon and AUA claimed Woodward violated the Lanham Act, 15 U.S.C. 1114
Federal Judges ruled in Court Orders: "Woodward is not selling, distributing, or advertising any goods or
services on his website and the website does not contain links to any commercial sites.
The Lanham Act therefore cannot be properly invoked in this case."
The Lanham Act applies to corporations. Lanham Act, 15 USC 1125(a)
False designations of origin, false descriptions, and dilution forbidden
(1) Any person who, on or in connection with any goods or services, or any container
for goods, uses in commerce any word, term, name, symbol, or device, or any combination
thereof, or any false designation of origin, false or misleading description of fact,
or false or misleading representation of fact"
AUA advertised "Since AUA's inception, USMLE Step 1 first-time pass rates
for all students is 80.6%".
The university's own data shows AUA students only have about a "43.7%"
USMLE pass rate. (AUA refused to produce any data to support their "80.6%"
claim.) AUA USMLE Pass/Fail Rates
"20 USC 1011a"
(a) Protection of Rights
(2)(D) students should not be intimidated, harassed,
discouraged from speaking out, or discriminated against;
(E) students should be treated equally and fairly; and
(3) Protected speech
The term "protected speech" means speech that is protected under
the first and 14th amendments to the Constitution, or would be protected if the
institution of higher education involved were subject to those amendments.
Federal Rules of Civil Procedure, Rule 11
By presenting to the court a pleading, written motion, or other
paper-whether by signing, filing, submitting, or later advocating it-an
attorney or unrepresented party certifies that to the best of the person's knowledge,
information, and belief, formed after an inquiry reasonable under the circumstances: (1) it is not being presented for any improper purpose, such as to harass,
cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by
existing law or by a nonfrivolous argument for extending,
modifying, or reversing existing law or for establishing new law;
(c) Sanctions.
(1) In General. If, after notice and a reasonable opportunity to respond, the
court determines that Rule 11(b)
has been violated, the court may impose an appropriate sanction on any attorney,
law firm, or party that violated
the rule or is responsible for the violation. Absent exceptional circumstances,
a law firm must be held
jointly responsible for a violation committed by its partner, associate, or employee.
This claim was an attempt by AUA to cover-up AUA's
incompetance and corruption.
Judges refused to sanction AUA for filing this frivolous claim!
Note: The Federal Courts enjoined Woodward from stating:
"AUA conspires to commit fraud and violations of civil rights;"
This is a blatant attack on "FREE SPEECH"
and "Due Process" and fraud committed by Federal Court judges!
This is an example of how the courts protect universities and violate students!
Top | Count I | Count III |
Count IV
COUNT II-Infringement Under the ACPA
(AUA lost this claim!)
Neal Simon and AUA claimed Woodward violated the Anticycbersquatting Consumer Protection Act,15 U.S.C. 1125
Federal Judges concluded in Court Orders:
"the evidence indicates that Woodward created the website
exclusively as a means of expressing his anger and dissatisfaction with AUA and
its medical program.
Therefore, there is no evidence supporting a finding that Woodward's
conduct violates the ACPA."
This claim was another frivolous claim filed by Neal Simon(AUA).
The Federal Courts refused to sanction AUA for filing frivolous claims!
"20 USC 1011a"
(a) Protection of Rights
(2)(D) students should not be intimidated, harassed,
discouraged from speaking out, or discriminated against;
(E) students should be treated equally and fairly; and
(3) Protected speech
The term "protected speech" means speech that is protected
under the first and 14th amendments to the Constitution, or would be protected
if the institution of higher education involved were subject to those amendments.
Federal Rules of Civil Procedure, Rule 11
By presenting to the court a pleading, written motion, or other paper-whether
by signing, filing, submitting, or later advocating it-an attorney or
unrepresented party certifies that to the best of the person's knowledge,
information, and belief, formed after an inquiry reasonable under the circumstances: (1) it is not being presented for any improper purpose, such as to harass,
cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by
existing law or by a nonfrivolous argument for extending,
modifying, or reversing existing law or for establishing new law;
(c) Sanctions.
(1) In General. If, after notice and a reasonable opportunity to respond, the
court determines that Rule 11(b)
has been violated, the court may impose an appropriate sanction on any attorney,
law firm, or party that violated
the rule or is responsible for the violation. Absent exceptional circumstances,
a law firm must be held
jointly responsible for a violation committed by its partner, associate, or employee.
This claim was an attempt by AUA to cover-up AUA's
incompetence and corruption.
Judges refused to sanction AUA for filing this frivolous claim!
Note: The Federal Courts enjoined Woodward from stating:
"AUA conspires to commit fraud and violations of civil rights;"
This is a blatant attack on "FREE SPEECH"
and "Due Process" and fraud committed by
Federal Court judges! This is an example of how the courts protect universities
and violate students!
COUNT III-Willful Violation of FERPA
(AUA lost this claim!)
Neal Simon and AUA claimed Woodward violated the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g
Federal Judges concluded in
Court Orders: "Family Educational Rights and Privacy Act of 1974 fail to state a claim for
relief as a matter of law."
That's right, "FERPA" only applies to schools, colleges, and
universities, like AUA!
AUA claimed defamation for posting a news article about the sexual assault of an
AUA student. AUA admitted an AUA student was sexually assaulted.
AUA claimed "Tense". The only evidence AUA disclosed reads
"
AUA student sexually assaulted!" Singular! News article
AUA tried to cover-up!
To protect AUA the Federal Courts lied in
Court Orders: "Woodward no longer states on his website that
"AUA students are sexually assaulted"; instead, he asserts:
"AUA student sexually assaulted."
AUA's own evidence proves Woodward never said "students"!
-AUA student pass rate for USMLE medical board exams is only 22.9%;
(AUA lost this claim!)
AUA sued Woodward for publishing news articles, documentation from Academic Medicine, and
AUA's own student records concerning
United States Medical Licensing Exam(USMLE) scores.
News articles and
Academic Medicine show that the USMLE pass rates
for the two medical schools on Antigua is only "22.9%"!
AUA testified and
advertised an "80.6%" USMLE pass rate.
The other Antigua school,UHSA, advertised over a
"90%"
USMLE pass rate! (90 + 80.6)/2 = 85.3% not 22.9%!)
AUA's own student records show AUA student USMLE pass rate is only
"43.7%"!
AUA not only refused to produce any documentation to substantiate their claim, but
filed motions to quash subpoenas Woodward served to obtain
AUA's United States Medical Licensing Exam(USMLE) data.
The Federal Court granted all of AUA's motions to quash
to ensure the truth couldn't be discovered!
The Federal Courts lied in Court Orders: Court Orders:
"Woodward no longer states that
"AUA's student pass rate for USMLE medical board exams is only 22.9%"
Instead Woodward states that
"Antigua only has a 22.9% USMLE Pass Rate!"
AUA's own evidence proves Woodward
never stated that AUA had a 22.9% USMLE pass rate!
"Antigua, however, is not "concerning the plaintiff."
Moreover, Woodward presents evidence indicating that there is significant
rape, murder, fraud, and government corruption on Antigua."
"AUA routinely commits fraud upon its students" "AUA conspires to commit fraud and violations of civil rights" "AUA commits criminal activities reportable to the FBI"
New York Courts have ruled
American University of Antigua is guilty! AUA breaches contracts!
That's Right!
AUA was caught cheating their students!
"AUA colluded with St. Joseph Hospital to
maliciously end Woodward's career"
"AUA committed perjury"
Neal Simon, President and General Counsel for AUA
swore under oath that everything in their lawsuit was true!
AUA lost Counts I, II,
III, and defamation
claims in a sworn verified complaint!
This is just the beginning of the court documents that will be published on these claims....
Page Under Construction.