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May 19, 2023 | Law.com

Finding 'Actual Value of Online, Post-COVID Education' to Be 'Indeterminable,' Judge Rejects Class Certification vs. Brandeis University

"The Court's conclusion as to superiority depends upon its findings on predominance. Because the actual value of online, post-COVID education in Spring, 2020 is indeterminable and there is no damages model applicable class-wide, individual issues prevent a finding of superiority," wrote U.S. District Judge Nathaniel M. Gorton for the District of Massachusetts.
6 minute read
November 09, 2022 | Law.com

Court Rejects Suffolk University's Bid to Dismiss Students' COVID Refund Suit

A federal judge has denied Suffolk University's motion to dismiss and rebuked the school for misinterpreting his previous order denying class certification to student plaintiffs who paid tuition and fees for the spring 2020 semester when the university transitioned to online learning due to COVID-19 during the semester.
3 minute read
October 21, 2022 | Law.com

Breach of Implied Contract Claim May Continue Against Brandeis University Over Move to Online Learning During Pandemic

"The fact that Brandeis offered both in-person and online graduate programs, but only in-person undergraduate programs, could allow a jury to infer that Brandeis reasonably expected plaintiffs (both undergraduates) had paid tuition in exchange for in-person instruction," the judge wrote. "Finally, although classes might be moved with some frequency from one meeting place to another, a jury could find that this did not disturb a reasonable expectation that plaintiffs paid tuition in anticipation of classes meeting in-person somewhere on campus."
6 minute read

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