For our latest EimerStahl Insights, Vanessa, Ryan, Rob, Brian and John analyze a recent swath of putative class-action lawsuits filed by students against their universities asserting that the schools breached their contracts and were unjustly enriched when they moved their on-campus classes and activities online. Our team concludes that while these cases raise interesting and novel legal issues regarding the nature of the contract between students and universities, courts will likely consider the claims under the deferential framework they have historically applied to universities’ academic judgments. Courts will also grapple with thorny class-certification questions, including whether the value of an educational experience can be calculated on a class-wide basis.
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