University of Delaware, Loyola University of Chicago Tuition Reimbursement Class Actions Discussed in Appeals Courts

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University Tuition Reimbursement Class Action Lawsuits Overview: 

• Who: Separate class action lawsuits lobbied against the University of Delaware and Loyola University of Chicago by students requesting tuition fee reimbursement due to campus closures caused by COVID-19 are being discussed in the Third and Seventh Circuits, respectively.
• Why: The Seventh Circuit is skeptical of a lower court’s decision to dismiss the complaint against Loyola Chicago while the Third Circuit says UDel can’t change its mind about having complaints against it removed from state to federal court.
• Where: The class action lawsuits are being discussed in the Third Circuit and Seventh Circuit.

Discussion continues around class action lawsuits lobbied separately against the University of Delaware and Loyola University of Chicago by students claiming they are entitled to partial tuition reimbursements due to campus closures caused by COVID-19. 

Judge Says The Question Is Whether Loyola Did Not Fulfill Its Promise To Students

A judge previously threw out students’ class action lawsuit against Loyola; however, the Seventh Circuit is now saying it is skeptical of whether the lower court had enough facts to dismiss the complaint, Law360 reports. 

The lower court ruled students’ argument that they should be eligible to receive tuition and fee reimbursements was invalid, calling it a claim of impermissible educational malpractice that the state of Illinois does not recognize.

U.S. Circuit Judge Ilana Rovner argued, however, that she didn’t see the claims as relevant to educational malpractice but rather the university not fulfilling its promise to students, Law360 reports.

“The plaintiffs here are pointing to a specific contractual promise for in-person instruction that is implicit in the contract between Loyola and its students,” Judge Rovner said, reports Law360. “The question, of course, is whether the allegations support a finding that there was such an implied promise. Well, I think we might need more than just the pleading stage for that.”

Loyola continues to argue that there is no language in any of its course catalogs to suggest the school is not allowed to make changes to its traditional in-person program. 

Further, Loyola claims students’ are using pre-pandemic language for their arguments and that they have a disclaimer on their website stating that the info in their course catalogs is only meant for informational purposes, Law360 reports. 

Students’ have argued, however, that the disclaimer was not on the school’s website when they picked their courses for the 2019-2020 school year in question.

Judge Denies Request to Review UDel Lawsuit, Calling It ‘Unfair and Wasteful’

UDel, meanwhile, has changed its mind about removing a pair of class action lawsuits regarding student tuition fee reimbursement from state to federal court, following a result that was not entirely in their favor. 

“Parties must live with the choices they make, even if they later regret them,” said Third Circuit Judge Stephanos Bibas. “Here, the University of Delaware asked me to decide a novel issue of Delaware law. I did. Now, having lost that battle, the University asks me to let the Delaware Supreme Court take a second crack at it. Doing so would be unfair and wasteful. So I deny its request.” 

While some of the allegations in the class action lawsuit were taken out, others were allowed to continue, including claims of unjust enrichment and breach of contract. 

In a similar case, Columbia University reached a $12.5 million settlement last month to resolve students’ claims they were owed tuition and fee reimbursements following campus closures and a move to online learning due to COVID-19. 

Are you a current or former student who believes you are entitled to partial tuition reimbursement from UDel or Loyola Chicago? Let us know in the comments! 

The plaintiffs are represented by Ellen Noteware of Berger Montague and Elizabeth Anne Fegan of FeganScott LLC, Christopher P. Simon and Michael L. Vild of Cross & Simon LLC, Eric M. Poulin and Roy T. Willey IV of Anastopoulo Law Firm LLC, Robert J. Kriner Jr. and Scott M. Tucker of Chimicles Schwartz Kriner & Donaldson-Smith LLP, and Joshua D. Arisohn and Sarah N. Westcot of Bursor & Fisher PA.

The Loyola Tuition Reimbursement Class Action Lawsuit is Gociman, et al. v. Loyola University of Chicago, Case No. 21-1304, in the U.S. Court of Appeals for the Seventh Circuit. 

The UDel 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.

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