Outcome: $2.4 Million
Rosado et al. v. Barry University Inc., No.: 1:20-cv-21813, in the U.S. District Court for the Southern District of Florida
In light of the COVID-19 educational disruptions, Barry University students have found recourse through a recently approved class settlement, enabling them to seek tuition refunds and credits. U.S. District Judge Jose E. Martinez, granting final approval on September 7th, acknowledged the complexity of the case, given the unprecedented challenges posed by the global pandemic. Despite the strong defenses presented by Barry, class counsel swiftly obtained an excellent result for the settlement class members.
The background: When Barry University transitioned to remote learning in response to the pandemic, Marlena Rosado, the plaintiff, requested a refund for tuition and services associated with on-campus learning, which were no longer available. However, after Barry declined her request for a pro-rated tuition refund, Rosado pursued legal action, asserting breach of contract. She argued that students had lost access to the services and education they had paid for but could no longer utilize due to the pandemic.
The Settlement Agreement reached in this case establishes a $2,400,000 common fund for the benefit of the Settlement Class Members, with approximately 60% of their projected recoverable damages being distributed among the 6,000 class members.
“Here, Class Counsel worked extensively and with a high level of skill to advance Plaintiff’s claims on an entirely contingency-fee basis. The case involved difficult factual and legal issues arising from a global pandemic … Despite the strong defenses presented by Barry, Class Counsel swiftly obtained an excellent result for the Settlement Class Members,” wrote Hon. Jose E. Martinez, United States District Court, Southern District of Florida, Miami Division.
This class settlement stands as a significant achievement, offering relief to Barry University students and highlighting the dedication and skill of the legal team involved in the process.