A $1.5 million settlement resolving class action claims over Georgetown University's move to remote instruction during the COVID-19 pandemic scored initial approval, but a D.C. federal judge expressed concerns about the limited payout class members will receive after accounting for attorney fees.

Judge's Concerns on Attorney Fees and Class Member Payouts

U.S. District Judge Trevor N. McFadden on Tuesday noted that up to $500,000 of the Georgetown Tuition Refund Deal may go to counsel at Leeds Brown Law PC, representing as many as 7,300 Georgetown students who were enrolled during the spring 2020 semester.

"If the remaining $1 million were apportioned between all class members equally, each member's recovery would be limited to around $137," Judge McFadden said. He directed the attorneys to be "prepared to discuss whether that is an adequate award for the class members in light of comparable class actions" at a final approval hearing slated for November.

Georgetown Tuition Refund Deal : Settlement Comparisons with Other Universities

The Georgetown Tuition Refund Deal is one of several recent settlements between universities and their students after the pandemic forced a transition to remote learning. In May, a D.C. federal judge approved a $5.4 million deal resolving a similar student-led suit against American University. Additionally, another nearly $5 million settlement between the University of Chicago and its students received final approval in Illinois federal court.

Background and Class Action Details

Georgetown students sued their university in April 2022, accusing the Washington, D.C., school of depriving students of the educational experience for which they paid tuition. The lawsuit argued that Georgetown refused to refund any tuition or fees for the spring 2020 semester despite canceling in-person classes and activities.

Judge McFadden initially declined class certification in October, stating that one class representative who "did not pay Georgetown a dime" due to scholarships was the wrong plaintiff to lead the class. After new class representatives were introduced, the plaintiffs moved for preliminary settlement approval in April, describing the $1.5 million deal as "fair, reasonable, and adequate."

Georgetown Tuition Refund Deal : Judge McFadden's Additional Concerns

Judge McFadden agreed on Tuesday that the new representatives are likely adequate to stand for the class. He also noted that "the available evidence indicates that the Court is likely to be able to approve the proposed settlement agreement."

However, Judge McFadden raised concerns about a service award allocated under the settlement agreement to a now-former class representative, Emily Lama. The judge previously determined that Lama was not part of the proposed class because she was a graduate student, not an undergraduate, during the spring 2020 semester.

"If Lama is not a member of the class, has not released her claims, and is not entitled to recover through the settlement fund, then it is unclear what the basis for her service award is," Judge McFadden said. "At the [final approval] hearing, counsel should be prepared to discuss the appropriateness of drawing on the class settlement fund to reward a non-member of the class."

Responses and Legal Representation

Counsel for the plaintiffs declined to comment on Wednesday, citing a policy of not commenting on pending litigation. Georgetown did not immediately return a request for comment.

The plaintiffs are represented by Michael Tompkins and Anthony Alesandro of Leeds Brown Law PC. Georgetown is represented by Alan E. Schoenfeld, Ryanne E. Perio, and Marissa M. Wenzel of Wilmer Cutler Pickering Hale and Dorr LLP.