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
Barry University students seeking tuition refunds and credits due to COVID-19 educational disruptions now have recourse through a recently approved class settlement. U.S. District Judge Jose E. Martinez granted the final approval on September 7th and acknowledged, “The case involved difficult factual and legal issues arising from a global pandemic. Given the evolving law on disputes arising from COVID-19, class counsel faced a significant risk of nonpayment. Despite the strong defenses presented by Barry, class counsel swiftly obtained an excellent result for the settlement class members.”
When Barry University (Barry) transitioned to remote learning at the onset of the COVID-19 pandemic, the Plaintiff, Marlena Rosado, asked for a refund for tuition and services associated with on-campus learning, as those services were no longer being provided. In response to Barry declining her request for a pro-rated tuition refund, Plaintiff sued for breach of contract, alleging that “students have lost (and continue to lose) the benefits of the bargain for services and education they paid for but can no longer access or use” due to the pandemic.
The Settlement Agreement provides a $2,400,000 common fund for the benefit of the Settlement Class Members, and the 6,000 class members would obtain approximately 60% of their projected recoverable damages.
“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.
Co-lead counsel Hassan Zavareei commented, “We are proud of the settlement and pleased that Barry University stepped up and did the right thing for its students.”