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Seton Hall files motion to dismiss tuition refund suit

Lawyers representing Seton Hall University made a motion on Monday to dismiss a class action tuition refund lawsuit filed against it by former University student Samuel Schoening, which was filed back in May.

In a 31-page memorandum submitted to the New Jersey Federal District Court, the University argued that the case should be permanently dismissed because the initial claims by Schoening “constitute claims of educational malpractice,” which the state of New Jersey does not permit in civil court.

The front steps of the Martin Luther King Federal Court House in Newark. (Photo Courtesy: The U.S. Department of Justice)

“All of these claims fail as a matter of law because they are based on the quality of the education Seton Hall provided during the pandemic and unquestionably constitute claims for educational malpractice,” the University’s attorneys argued in the memo.

The University also rebutted each of Schoening’s three counts – which charged breach of contract, unjust enrichment and conversion – arguing that Seton Hall “made no promises to deliver in-person instruction,” nor does Schoening allege the University had a duty to do so outside of the alleged contract.

Memorandum in Support of Se... by Nicholas Kerr on Scribd

“Seton Hall’s policies, as detailed in its Academic Catalog, permit the University to do exactly what it did here,” University lawyers said, “Modify its academic programs, course content, and course schedules at its discretion in order to fulfill its mission.”  

The case is currently one of dozens pending before courts around the country.

Neither Seton Hall nor representatives from Schoening’s legal team returned requests to comment.

Nicholas Kerr can be reached at Find him on Twitter @nickdotkerr.

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