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SCOTT v. EDUCATIONAL TESTING SERVICE

252 N.J. Super. 610 (1991)

600 A.2d 500

EILEEN SCOTT, PLAINTIFF-RESPONDENT, v. EDUCATIONAL TESTING SERVICE, DEFENDANT-APPELLANT, AND AMERICAN ARBITRATION ASSOCIATION AND ALLAN MARAIN, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 30, 1991.

Attorney(s) appearing for the Case

Howard P. Willens, of the District of Columbia Bar, argued the cause for appellant (Wilmer, Cutler & Pickering, of the District of Columbia Bar, and McCarter & English, attorneys; Howard P. Willens, John L. McGoldrick and Stanford von Mayrhauser, of counsel; Howard P. Willens, B. John Pendleton, Jr. and Penelope M. Taylor, on the brief).

Jill L. McNish argued the cause for respondent (Gelman & McNish, attorneys).

Before Judges GAULKIN, MUIR, Jr. and LANDAU.

The opinion of the court was delivered by GAULKIN, P.J.A.D.

Plaintiff, a temporary teacher in the New York City public schools, obtained passing scores on all three parts of the National Teachers Examination (NTE), administered by defendant Educational Testing Service (ETS). ETS conducted a review of the scores and concluded that, as to two of the three parts of the test, "copying or communication with another test taker may have occurred and ... the questioned scores...

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