University of Delaware Must Face Breach of Contract Claims in COVID-19 Tuition Actions

WILMINGTON, Del. — A federal judge has refused to dismiss two COVID-19 tuition reimbursement actions against the University of Delaware, ruling that it may have impliedly promised to provide in-person classes, services and activities, yet refused to provide refunds when it transitioned to online learning.

In an Aug. 20 order, 3rd Circuit U.S. Court of Appeals Judge Stephanos Bibas, sitting by designation in the U.S. District Court for the District of Delaware, explained that the university’s relationship with its students plausibly created an implied contract.

In mid-2020, the COVID-19 pandemic required the closure of campuses across the country and …