After switching to online learning in response to the COVID-19
pandemic and sending students home, colleges and universities are
beginning to face class action lawsuits seeking refunds of tuition,
housing costs, meal plans, and fees. One such lawsuit is Church
v. Purdue University, No. 4:20-CV-0025, in the U.S. District
Court for the Northern District of Indiana.
The lawsuit asserts contract and unjust enrichment claims for
three general classes, seeking partial reimbursement for: (1)
tuition; (2) housing; and (3) meals and fees. Among the many
important issues will be whether the damages are so individualized
that they are not susceptible to class-wide proof. If so, they
would predominate over common, class-wide issues and prevent class
certification. The Church complaint, for example,
acknowledges that the diminished value may vary for each student.
It alleges that academic performance drops from online learning and
the adverse effects hit lower ranked students
