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ZWIKER v. LAKE SUPERIOR STATE UNIVERSITY

No. 355128, No. 355377, No. 357275.

986 N.W.2d 427 (2022)

340 Mich. App. 448

Katelyn ZWIKER, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. LAKE SUPERIOR STATE UNIVERSITY and Lake Superior State University Board of Trustees, Defendants-Appellees. Kevin Horrigan, Plaintiff-Appellant, v. Eastern Michigan University and Eastern Michigan University Board of Trustees, Defendants-Appellees. Jael Dalke, Plaintiff-Appellant, v. Central Michigan University and Central Michigan University Board of Trustees, Defendants-Appellees.

Court of Appeals of Michigan.

Decided February 10, 2022, 9:20 a.m.

Attorney(s) appearing for the Case

Fink Bressack, Bloomfield Hills (by David H. Fink , Darryl Bressack , and Nathan J. Fink ) for Katelyn Zwiker, Kevin Horrigan, Jael Dalke, and proposed classes.

Bodman PLC (by Gary S. Fealk , Troy, Thomas J. Rheaume, Jr. , and Rebecca Seguin-Skrabucha , Detroit) for Lake Superior State University and the Lake Superior State University Board of Trustees.

Miller, Canfield, Paddock and Stone, PLC (by Paul D. Hudson , Kalamazoo, Brian M. Schwartz , Detroit, and Ashley N. Higginson , Lansing) for Eastern Michigan University and the Eastern Michigan University Board of Regents.

Fraser Trebilcock Davis & Dunlap, PC, Lansing (by Michael E. Cavanaugh and Ryan K. Kauffman ) for Central Michigan University and the Central Michigan University Board of Trustees.

Before: Swartzle, P.J., and K. F. Kelly and Redford, JJ.

These consolidated cases1 present the question whether Michigan's constitutionally created institutions of higher education are liable to their students for reimbursements for tuition and room and board as a result of the COVID-19 pandemic. In each case, plaintiffs contend that the defendant universities...

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