No. 21-30681.

51 F.4th 101 (2022)

Sylvia JONES, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. ADMINISTRATORS OF the TULANE EDUCATIONAL FUND, doing business as Tulane University of Louisiana, also known as Tulane University, Defendant-Appellee. John Ellis, on behalf of himself and all other individuals similarly situated, Plaintiff-Appellant, v. Tulane University, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED October 11, 2022.

Attorney(s) appearing for the Case

Michael Tompkins , Leeds Brown Law, P.C., Carle Place, NY, Yvette Golan , Golan Firm, P.L.L.C., Washington, DC, for Plaintiffs-Appellants.

Michael Scott Barnard , Jessica Mannon , Brennan Holden Meier , Heather L. Peckham , Elizabeth Marie Dulong Scott , Akin Gump Strauss Hauer & Feld, L.L.P., Dallas, TX, James M. Garner, Esq. , Christopher T. Chocheles , Martha Y. Curtis, Esq. , Sher Garner Cahill Richter Klein & Hilbert, L.L.C., New Orleans, LA, for Defendant-Appellee.

Julie Durel Livaudais, Esq. , Douglas L. Grundmeyer, Esq. , Rosalie Haug , Chaffe McCall, L.L.P., New Orleans, LA, Sharonda R. Williams, Esq. , Fishman Haygood, L.L.P., New Orleans, LA, for Amicus Curiae Loyola University New Orleans.

Before Smith, Clement, and Haynes, Circuit Judges.

Two former students of Tulane University, on behalf of a putative class of current and former students, sued the University for failing to provide a partial refund of tuition and fees after Tulane switched from in-person instruction with access to on-campus services to online, off-campus instruction during the...

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