Higher Education Class Actions

As institutions of higher learning face increasingly public regulation from the Department of Education as well as state and other federal agencies, plaintiffs’ lawyers have taken note and begun to file class actions with increasing frequency. These claims tend to follow current events. Whether they allege ineffective management of ERISA plans, seek damages due to pandemic-related virtual learning, follow announcements of data incidents, assert accessibility issues, or challenge financial aid or admissions policies, class action suits always present the potential for significant legal exposure and reputational harm.  As the law develops around amateurism, student unionization, race-conscious admissions, and other hot topics, the breadth of potential class actions continues to expand.

Saul Ewing attorneys represent colleges and universities of all types and sizes. Our substantial higher education practice knows institutions inside and out in light of our work counseling both public and private colleges and universities on a wide variety of matters, from admissions, athletics and campus investigations to intellectual property, real estate development, and Title IX and FERPA compliance. 

This considerable experience gives us an intimate understanding of college and university operations and decision-making processes, so that when it comes time to defend a school in a class action, we can move quickly. We have defended institutions of higher education in class actions alleging breach of fiduciary duty, antitrust violations, breach of contract, and consumer fraud related to promotional materials or quality of education.