But unlike some plaintiffs, Rui, who accuses Boalt of discriminating against Asians, is claiming intentional infliction of emotional distress and wants punitive damages against the school and four of its high-ranking officials.

On Wednesday, three judges on San Francisco’s First District Court of Appeal raised concerns about Rui’s emotional distress claim — which the trial court refused to toss out — and indicated that they’re worried about opening the door to countless suits by rejected school applicants.