Mooers v. Middlebury College
United States District Court for the District of Vermont
2021 WL 4225659 (2021)
- Written by Tammy Boggs, JD
Facts
Henry Mooers (plaintiff) and other college students like him paid a considerable amount of tuition and activity fees upfront to attend Middlebury College (Middlebury) (defendant) for the spring semester of 2020. Mooers relied on various materials in deciding to attend Middlebury, including its marketing brochures, handbook, website, and social media. The materials depicted or described a dynamic, in-person campus environment in which students would routinely study and interact with other students and faculty, face-to-face, at numerous campus facilities and events, such as the library, common areas, the gym, and sports games. Mooers purposely did not wish to attend an entirely online college. On March 13, 2020, and for the rest of the semester, Middlebury stopped holding in-person classes and events due to the COVID-19 pandemic and switched to a remote online format with no in-person instruction or interaction. Thereafter, Mooers brought a putative class action against Middlebury, seeking a prorated return of tuition and fees for the period that Middlebury did not offer in-person services. Mooers alleged a claim for breach of contract and a claim for unjust enrichment. Middlebury filed a motion to dismiss the claims, arguing that it never promised to provide in-person services.
Rule of Law
Issue
Holding and Reasoning (Reiss, J.)
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