Judge refuses to toss financial aid lawsuit against top colleges

A Chicago federal decide on Monday declined to dismiss a lawsuit alleging 17 distinguished US universities conspired for years to limit monetary help to as many as 170,000 college students who overpaid tens of tens of millions of dollars in tuition.

US District Decide Matthew Kennelly’s order directed the defendant colleges — together with Brown College; Georgetown College; Columbia College; Yale College; Massachusetts Institute of Know-how and the College of Pennsylvania — to reply to the plaintiffs’ amended grievance by Sept. 9.

The purported class motion filed in January seeks unspecified financial damages and an injunction stopping the faculties from “persevering with to illegally conspire relating to their pricing and financial-aid insurance policies” in violation of US antitrust legislation. The colleges’ attorneys have argued that their shoppers’ discussions about monetary help coverage have been exempt from US antitrust legal responsibility.

Protection attorneys together with Seth Waxman of Wilmer Cutler Pickering Hale and Dorr for Penn; Mayer Brown’s Britt Miller for Georgetown; Karen Lent of Skadden, Arps, Slate, Meagher & Flom for Columbia; and Eric Mahr of Freshfields Bruckhaus Deringer for MIT on Monday didn't instantly reply to a message searching for remark. Waxman argued the colleges’ mixed movement to dismiss. The colleges have denied legal responsibility.

Massachusetts Institute of Technology
MIT is certainly one of 16 distinguished colleges accused of conspiring for years to limit monetary help to as many as 170,000 college students.
Bloomberg through Getty Pictures

Plaintiffs’ lawyer Ted Normand of Roche Freedman mentioned “we’re gratified by the court docket’s resolution and look ahead to proving our claims.” The plaintiffs are additionally represented by the corporations Berger Montague; Gilbert Litigators & Counselors; and FeganScott.

The lawsuit alleged a “price-fixing cartel that's designed to scale back or eradicate monetary help as a locus of competitors.” Most of the defendant colleges are members of an affiliation of universities that discusses monetary help rules.

Federal antitrust legislation shields agreements between US universities the place college students are admitted with out consideration of a necessity for monetary help.

The plaintiffs’ attorneys argued that this defend, referred to as the “568 exemption,” didn't apply. They alleged that colleges don't admit each scholar on a “need-blind” foundation. The exemption is known as after a piece of the Bettering America’s Colleges Act of 1994.

To pierce the defend, “the plaintiffs should plausibly allege that the defendants contemplate some candidates’ want for monetary help of their admissions selections. The plaintiffs have met this burden,” Kennelly wrote in Monday’s order.

The litigation will now transfer into the invention section, the place the plaintiffs may be anticipated to hunt data from the admission places of work of the defendant universities. The plaintiffs haven't but filed their bid to hunt formation as a licensed class motion.

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