Date: 10-18-2024

Case Style:

Henry Mooers v. Middlebury College

Case Number: 2:20-CV-144

Judge: Christina Reiss

Court: United States District Court for the District of Vermont (Chittenden County)

Plaintiff's Attorney:

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Defendant's Attorney: Jeffrey J. Nolan, Kathryn J. Richards, Lindsay E. Catt, Paul G. Lannon, Jr., Qian (Sheila) Shen Robert J. Burns

Description:

Burlington, Vermont breach of contract lawyers represented the Plaintiff.

Plaintiff Henry Mooers brings this putative class action against Defendant Middlebury College alleging claims of breach of contract, unjust enrichment, conversion, and violation of the Vermont Consumer Protection Act ("VCPA") stemming from Defendant's tuition and fee policy during semesters in which it moved to online learning due to the COVID-19 pandemic. Plaintiff seeks a disgorgement and return of a prorated portion of tuition and fees, proportionate to the amount of time that Defendant switched to online learning.

Outcome: For the foregoing reasons, the court GRANTS IN PART AND DENIES IN PART Defendant's motion to dismiss (Doc. 29), DENIES AS MOOT Defendant's prior motion to dismiss (Doc. 19), and GRANTS Plaintiff leave to amend its Complaint within twenty (20) days of the date of this Opinion and Order consistent with the Federal Rules of Civil Procedure and this court's Local Rules.

10/17/2024 119 OPINION AND ORDER granting 94 Motion for Summary Judgment; denying as moot 94 Motion to Strike Jury Demand. Signed by Chief District Judge Christina Reiss on 10/17/2024. (law) (Entered: 10/17/2024)
10/17/2024 120 JUDGMENT - entered for defendant Middlebury College, against plaintiff Henry Mooers pursuant to 119 Opinion and Order. Signed by Deputy Clerk on 10/17/2024. (Attachments: # 1 Notice to Litigants (appeal period expires 11/18/2024))(law) (Attachment 1 replaced on 10/18/2024) (law). (Entered: 10/17/2024)
10/18/2024 121 NOTICE OF DOCKET ENTRY CORRECTION re: 120 Judgment. The Notice to Litigants has been replaced as it wasn't dated. The corrected document is now attached to 120 and this entry. (law) (Entered: 10/18/2024)

Plaintiff's Experts:

Defendant's Experts:

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