Hyongsoon Kim Quoted in Daily Journal on Likely Class Actions Against Colleges and Universities for Virus-Related Closures
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Daily Journal has quoted Akin Gump litigation partner Hyongsoon Kim in the article “More class actions expected against colleges over virus-forced online classes.” The article addresses the issue of whether colleges face liability and damages if they refuse to reimburse students and their parents for the cost of tuition, fees and housing because they are instead offering online classes.
According to Daily Journal, some class actions have already been filed against several universities, though none yet in California. The article says universities continue to charge tuition because they are now offering courses online.
Kim said he expects student class actions to proliferate, and that future actions by state or federal regulators may also impact whether such class actions continue to be filed. He pointed out that universities will be able to defend decisions to send students home in the midst of a deadly pandemic. In addition, he said that any claims that classes taken online will devalue a student’s degree will be difficult to prove.
Even if student-plaintiffs prove liability, it would be very tough to determine a monetary loss caused by taking a quarter or semester of online classes, Kim added. “What tangible monetary damages have [plaintiffs] suffered?” he asked.
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