Lewis Brisbois Poised to Try First COVID-19 Refund Class Action Before Plaintiff Requests Dismissal on Eve of Trial

November 14, 2023

A Lewis Brisbois team was poised to defend a university at trial in a class action alleging the university failed to refund students for room and board and other fees amid the COVID-19 pandemic when the plaintiff abruptly dismissed the lawsuit’s remaining claims just prior to jury selection.

Phoenix, Ariz. (November 14, 2023) - A Lewis Brisbois team was poised to defend a university at trial in a class action alleging the university failed to refund students for room and board and other fees amid the COVID-19 pandemic when the plaintiff abruptly dismissed the lawsuit’s remaining claims just prior to jury selection.

In August, after previously dismissing the plaintiff’s claim for conversion, an Arizona federal judge granted summary judgment in the university’s favor on the unjust enrichment claim and 8 of the 10 breach of contract claims—leaving intact only the class’s claims for breach of contract relating to the student activity fee and health fee.

Those two remaining claims were set to proceed to trial on November 3, 2023, but late in the afternoon, the day before jury selection was set to commence, the plaintiff moved to voluntarily dismiss his remaining claims, saying in his filing that a trial would be a “waste of judicial resources.” The morning of trial, the court dismissed the case and sanctioned plaintiff’s counsel for the late motion. Lewis Brisbois’ trial team included Jon Kardassakis, Kathryn Honecker, and Sean Healy.