Former students at New York University (NYU) brought a class action against the latter alleging breach of its contractual obligations to provide, inter alia, in-person instruction and access to campus facilities in connection with the University’s decision to curtail and cancel its activities for the spring 2020 semester in response to the COVID-19 pandemic.

The claimants had sought reimbursement of both tuition costs and fees. On 20 January 2022, a federal judge of the District Court for the Southern District of New York ruled that students cannot claim refunds of the tuition costs as they failed to show that NYU promised in-person education in exchange for tuition. At the same time, the federal judge maintained the breach of contract and unjust enrichment claims connected to fees students paid to access on-campus services.

Reference: United States District Court for the Southern District of New York – case of Garcia De León v. New York University

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