According to the suit, PMBR's founder, Robert Feinberg, took the bar exam in Alaska in February 2003 and "attempted to leave the room with notes recorded on scratch paper -- contrary to the instructions that had been given to all examinees -- but was stopped by an exam official."
Feinberg himself has taken the MBE more than 20 times, Fullam found, and Zimmerman has taken it more than a dozen times.
But to ensure that they will be allowed to take the test again, they often fail, Fullam found.
"Given that these individuals are highly paid to prepare students to take (and presumably to pass) the bar exam, their failure rate is strikingly high. Mr. Feinberg, for example, failed five consecutive bar examinations in Alaska before barely passing in February 2004," Fullam wrote.
"Perhaps even more startling, Ms. Zimmerman twice failed the Kentucky bar examination despite passing the essay portion, because her scores on the MBE were so low," Fullam wrote.