Seventh Circuit Emphasizes "Rigorous Analysis" To Certify Class Against University For Its Decision To Cancel Classes During The Pandemic

In Eddlemon v. Bradley University, 65 F.4th 335 (7th Cir. 2023), the Seventh Circuit underscored that evidence, not allegations, control the court's class certification analysis.

At issue in Eddlemon were claims stemming from Bradley University's decision to cancel a week of classes in the early days of the COVID-19 pandemic without providing a prorated refund of tuition or fees. Consistent with Foley's litigation predictions and early-pandemic guidance, colleges and universities across the country have faced mounting class action suits based on similar theories of liability.

In this case, a Bradley student sued the school for breach of contract and unjust enrichment on the theory that the school promised him 15 weeks of instruction in exchange for the payment of tuition and a student activity fee but delivered only 14 after it did not reschedule a week of classes cancelled at the beginning of the pandemic. The student sought to represent several classes of peers