Murray v. ILG Technologies, LLC

ILG Technologies, LLC (ILG) (defendant) entered a contract with the Georgia Office of Bar Admissions (OBA) in which ILG was required to provide a comprehensive software system that would record, organize, and display the bar-exam results of test-taking bar applicants. Section 1.1 of the contract was a provision requiring ILG to provide OBA with a “turn-key system of enterprise software for digitizing and electronically administering the entire bar admission process.” Other provisions required ILG to provide an electronic communication portal and technical support for the applicants. Ninety bar applicants (the applicants) (plaintiffs) took the bar exam in July 2015 and February 2016 and were informed that they had not passed their respective exams and failed to gain admission to the Georgia bar. In September 2016, the OBA informed the applicants that they had previously been incorrectly assigned failing scores and thus the applicants had actually passed their exams. The errors were seemingly caused by a glitch in ILG’s software system. As a class, the applicants sued ILG, asserting numerous claims, including breach of contract. ILG moved for summary judgment on the contract claim, arguing that the applicants could not legally recover for breach of contract because they were not third-party beneficiaries. It was undisputed that the applicants were not parties to the ILG-OBA contract.