Lewis Brisbois Phoenix Team Secures Dismissal of Putative Class Action Seeking COVID-19 Disruption Refunds from University Client

Phoenix, Ariz. (September 23, 2021) - A team led by Phoenix Partner Sean P. Healy, including Los Angeles Partner Jon P. Kardassakis and Phoenix Associate Kathryn Honecker, recently secured a significant win on behalf of Lewis Brisbois’ university client when the U.S. District Court for the District of Arizona denied class certification in a matter alleging that the putative plaintiffs were entitled to COVID-19 disruption refunds.

As described in a recent Bloomberg Law article, the lead plaintiff in this case sought to certify two classes of plaintiffs who contended that the university owed them housing expenses, meal plan costs, and campus fees that it collected for the Spring 2020 semester, which was interrupted due to the pandemic. Relying on key arguments from Lewis Brisbois’ opposition to the plaintiff’s motion for class certification, the court held that the plaintiff failed to meet the class certification requirements of Rule 23 of the Federal Rules of Civil Procedure. In its order, the court explained that (1) the proposed classes were overly broad because they included parties who had no contractual relationship with the university and thus were not harmed and (2) the lead plaintiff was not a member of either proposed class because his parents paid for his room, board, and related fees.

In commenting on the victory, Mr. Healy noted, “This is an important win for our client on an issue that colleges and universities are contending with nationwide. Our team of attorneys worked together seamlessly to establish that the plaintiff in this matter simply could not meet the requirements for class certification. We are pleased to have had the opportunity to secure such a great result on behalf of our client.”

Mr. Healy serves as chair of Lewis Brisbois’ Directors & Officers and Securities Litigation Practice, and as vice chair of its Professional Liability Practice. A member of the American Board of Trial Advocates with more than 22 years of experience as a litigator, he has tried 46 jury trials and over 130 bench trials and arbitrations combined.

Mr. Kardassakis is a chair of Lewis Brisbois' Class Action & Mass Tort Practice. He has more than 35 years' experience as a trial attorney and holds the rank of Associate in the American Board of Trial Advocates. He has tried more than 35 cases to conclusion in state and federal courts, including complex fraud, business, products liability, and employment litigation.

Ms. Honecker is a member of Lewis Brisbois' Class Action & Mass Tort and Professional Liability Practices. She has more than 20 years of litigation experience in class actions and other complex and commercial litigation, and has been active in the class action bar, having chaired both the Class Action and Derivative Suits and the Consumer Litigation Committees of the American Bar Association’s Litigation Section.