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University of Delaware class action lawsuit overview:
- Who: A Delaware judge has certified two class action lawsuits filed by students who allege they were entitled to University of Delaware tuition refunds after classes were moved online in spring 2020.
- Why: The judge found the plaintiffs showed they suffered an injury that could be remedied if their case is successful and that certification was appropriate.
- Where: The University of Delaware class action lawsuits were filed in Delaware federal court.
- What are my options: Udemy offers online learning options on a variety of subjects.
University of Delaware must face a class action lawsuit filed by students who allege they did not receive a partial tuition refund when the university transitioned to online classes during the COVID-19 pandemic, a Delaware federal judge has ruled.
On March 31, 3rd Circuit Judge Stephanos Bibas certified the University of Delaware class action lawsuit, finding the plaintiffs were able to show the proposed class of 9,000 students was able to show they suffered an injury that can be remedied if their case is successful.
The judge was not persuaded by the university’s argument that it is impossible to discern which students actually paid tuition because some students received funding from scholarships or other outside sources.
“But as plaintiffs have defined this class, the only students excluded are those who received full rides from the school itself,” the judge wrote.
“Because [the University of Delaware] has enough records to figure out which students did not get full rides, there is a reliable way to determine who those students are.”
Certification appropriate because individual lawsuits would be ‘administrative nightmare,’ judge says
The certification order applies to two University of Delaware tuition class action lawsuits filed by students who claim they are owed a partial tuition refund because the university paused in-person classes in the spring of 2020 to curb the spread of COVID-19.
Judge Bibas noted it would be an “administrative nightmare” if the thousands of students with similar claims filed individual University of Delaware tuition lawsuits. Because all of the class members’ claims are substantially similar, the judge found certification of the class action lawsuits was appropriate.
Johns Hopkins University is among several universities to reach settlements over tuition during the pandemic; the school agreed to pay $6.6 million to settle a class action lawsuit alleging students did not receive the benefits of their tuition costs during the spring 2020 semester.
The plaintiffs are represented by Robert J. Kriner Jr. and Scott M. Tucker of Chimicles Schwartz Kriner & Donaldson-Smith LLP; Joshua D. Arisohn and Sarah N. Westcot of Bursor & Fisher PA; Christopher P. Simon and Michael L. Vild of Cross & Simon LLC; and Eric M. Poulin, Blake G. Abbott and Roy T. Wiley IV of Anastopoulo Law Firm LLC.
The University of Delaware tuition class action lawsuits are Ninivaggi, et al. v. University of Delaware, Case No. 1:20-cv-01478, and Russo v. University of Delaware, Case No. 1:20-cv-01693, in the U.S. District Court for the District of Delaware.
Do you think the students should be entitled to a University of Delaware tuition refund because in-person classes were stopped during the COVID-19 pandemic? Let us know in the comments.
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