National Conference of Bar Examiners v. Multistate Legal Studies, Inc.

course, students take a full 200 question simulated MBE, referredto as the “PMBE.” The remaining two days use the PMBE questionsto instruct students on substantive law and test-takingtechniques. Students also receive written answer keys to thePMBE with detailed explanations and citations to the sourcematerials used to develop the questions. Before the inception ofthis lawsuit, defendants incorporated approximately 50 newquestions into each year’s 200-question PMBE. Other coursematerials were revised less frequently and less extensively. Mr.Feinberg generates almost all of the PMBE questions andexplanatory answer keys himself, relying in part on hornbooks,treatises, reporters, and published cases. He also admits thathe uses the notes of PMBR employees who have taken the MBE inrecent years. PMBR does not retain these notes or any otherdevelopment materials.Many PMBR advertisements use “testimonials” from formerstudents emphasizing the similarity between PMBR practicequestions and those appearing on the MBE. Specifically toutingthe 3-day course, one student praised the quality of PMBR’spractice questions, noting that “dozens of nearly identicalquestions appeared on the actual exam.” Ex. P255. Anotherreported that he “breezed through the exam because [he]recognized so many of the questions from PMBR.” Ex. P253. A4