Split 10th Circuit Affirms Class Cert Denial In University Pandemic Closure Case

Mealey's (May 16, 2023, 3:05 PM EDT) -- DENVER — A trial court “acted within its discretionary bounds” when it denied class certification in a student’s lawsuit over Brigham Young University’s (BYU) failure to provide any partial refunds of tuition and fees after classes were all switched to online-only during the coronavirus pandemic, a divided 10th Circuit U.S. Court of Appeals panel ruled....