Loyola Marymount University Tuition, Room & Board Payback

Date Filed: 5.26.2020

Case Number: 2:20-cv-04668

Location Filed: Central District of California

Plaintiff: Bridget McCarthy

Summary: A Loyola Marymount University student (“student”) filed a class-action lawsuit against Loyola Marymount University demanding repayment for paid tuition, mandatory fees, or voluntary fees for privileges or services Loyola Marymount University failed to provide due to its COVID-19 related campus closure. Class Action Complaint and Jury Demand, Student A v. Loyola Marymount Univ., 20-CV-02925 (C.D. Cal. May. 26, 2020). The lawsuit was filed May 26, 2020, in the U.S. District Court for the Central District of California and makes claims against the Loyola Marymount University for breach of contract and unjust enrichment. Id. The lawsuit highlights that as a precondition for enrollment, the student was required to and did pay tuition, as did all members of the proposed Class. Id. Additionally, the student paid tuition and fees for in-person instruction at the Loyola Marymount University, which covers not just the academic education, but encompass an entirely different experience from the online program, such as face to face interaction with professors, mentors, peers, extra-curricular activities, and facilities. Id.

The suit claims the Loyola Marymount University breached its contract with students by failing to provide those services and has otherwise not performed under the contract. Id. Alternatively, the Loyola Marymount University is unjustly enriched because it continued to charge for tuition and reaping the financial benefit of millions of dollars from tuition-payers, despite sending students home, closing its campus and residence halls, and changing courses for the worse. Id.

The complaint reads, “although the Loyola Marymount University is still offering some level of academic instruction via online classes, Plaintiff and members of the proposed Class have been and will be deprived of the benefits of on-campus learning.” Id. As of June 30, 2018, the Loyola Marymount University’s total endowment net assets exceeded $471.8 million. U.S. and Canadian Institutions Listed by Fiscal Year (FY) 2018 Endowment Market Value and Change in Endowment Market Value from FY 2017 to FY 2018, (2020).

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