Schmidt, Talbot in Bloomberg Law on Class Action Suits against Higher Education

St. Louis Partner Christopher Schmidt, a class action attorney and co-leader of BCLP’s Higher Education Practice, and Denver Partner Tracy Talbot, leader of the firm’s Higher Education Refund Class Action Rapid Response Team, were quoted June 4 by Bloomberg Law regarding the lawsuits that have been filed against public and private colleges nationwide forced to switch to online learning during the pandemic. While more than 140 cases have been filed to date, claims may be difficult to establish. Students who attend public schools likely will be met with a defense that the schools are immune from suit as state actors. And although private schools can’t plead sovereign immunity, plaintiffs still will face difficulty obtaining tuition reimbursement. Schmidt while said plaintiffs may try to fashion their claims as equitable, seeking injunctive relief rather than damages, to get around the immunity bar, the requests for disgorgement are really a request for money damages. Talbot said the cases’ outcomes may end up depending on who paid the tuition: student, parent or a scholarship. She said all plaintiffs must show a damages model that can apply broadly to a large group of students or parents in order to win class certification, “But how can they when there is so much variety?”