The class action being settled is captioned Krystian Wnorowski, on behalf of himself and others similarly situated v. University of New Haven, Case No. 3:20-cv-1589 (D. Conn.) This case is a putative class action, meaning that the Settlement Class Representative—Krystian Wnorowski— brought this action as an individual acting on behalf of a putative class of all people who paid tuition and/or fees for the Spring 2020 semester at UNH. The Settlement Class Representative alleged claims for breach of contract and unjust enrichment based on UNH’s transition to remote learning in response to the COVID-19 pandemic. UNH denies all allegations of wrongdoing and there has been no finding of liability in any court. After substantial class discovery, class certification briefing, motion for summary judgment briefing, and substantial negotiations with the help of Honorable Magistrate Judge S. Dave Vatti, the Parties came to the proposed Settlement.

If you received notice of this lawsuit, it is because UNH’s records indicate that you were enrolled in a UNH course as of March 24, 2020 and were not a non-matriculated high school student at that time. The Court directed that the notice be made available to all Potential Settlement Class Members because each member had a right to notice of the proposed Settlement and the options available to them before the Court approved the proposed Settlement.

If you were a UNH student enrolled in a UNH course as of March 24, 2020 and were not a non-matriculated high school student at that time, then you potentially qualify as a Settlement Class Member.

In any lawsuit, there are risks and potential benefits that come with litigating as compared to settling. It is the Settlement Class Representative’s and his lawyers’ (“Class Counsel”) job to identify when a proposed Settlement offer is sufficient and justifies settling the case instead of continuing to litigate. In a class action, class counsel determines when to recommend settling to the class representatives. The class representatives then have a duty to act in the best interests of the class as a whole when deciding whether to accept this recommendation. In this case, it is the belief of the Settlement Class Representative and Class Counsel that this proposed Settlement is in the best interest of all Settlement Class Members.

UNH denies the claims asserted and believes that its actions were proper and in accordance with the terms of its policies, agreements, and applicable law. UNH denies that its actions give rise to any claim by the Settlement Class Representative or any Settlement Class Members. However, given the benefit that current and former students will receive from a negotiated settlement, UNH considers it desirable to resolve the Action.

The Court held a Final Approval Hearing on October 3, 2023, and released an Order approving the Settlement on October 11, 2023 as fair, reasonable, and adequate. A copy of the Order can be viewed on the Important Documents page.

If you are a Potential Settlement Class Member, you had three options with respect to this proposed Settlement: (1) do nothing and be eligible to participate in the proposed Settlement and receive the Settlement Benefit allocated to you according to the terms of the proposed Settlement; (2) opt out of the proposed Settlement; or (3) participate in the proposed Settlement, but object to it. The deadline to object or exclude yourself from the settlement has passed.

1. If you do nothing, you will be eligible to participate in the Settlement and to receive the Settlement Benefit allocated to you according to the terms of the proposed Settlement.
    
   1. If you are a Settlement Class Member, your payment from the Cash Settlement Fund was sent automatically by first class U.S. Mail to your last known mailing address on file with the University Registrar on January 10, 2024. Settlement Class Members may have visited the Settlement Website to (a) provide an updated address for sending a check; or (b) elected to receive the Settlement Benefit by Venmo or PayPal instead of a paper check by January 10, 2024. The deadline to file an election form has passed. In addition, all Settlement Class Members who enroll in a UNH course commencing in September 2023 or later shall be automatically eligible for a one-time, non-cash $200 tuition credit. 
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2. If you would have liked to opt out or object to the proposed Settlement, your request must have been postmarked no later than August 26, 2023.

If you are a Settlement Class Member, you are automatically entitled to a cash payment and your payment was sent by first class U.S. Mail to your last known mailing address on file with the University Registrar on January 10, 2024—unless you visited the Settlement Website to (a) provide an updated address for sending a check; or (b) elected to receive the Settlement Benefit by Venmo or PayPal instead of a paper check by January 10, 2024. In addition, all Settlement Class Members who enroll in a UNH course commencing in September 2023 or later shall be automatically eligible for a one-time, non-cash $200 tuition credit.

If you are a Settlement Class Member, you are automatically entitled to a cash payment and your payment was sent by first class U.S. Mail to your last known mailing address on file with the University Registrar on January 10, 2024—unless you visited the Settlement Website to (a) provide an updated address for sending a check; or (b) elected to receive the Settlement Benefit by Venmo or PayPal instead of a paper check by January 10, 2024. In addition, all Settlement Class Members who enroll in a UNH course commencing in September 2023 or later shall be automatically eligible for a one-time, non-cash $200 tuition credit.

If you opt out of the proposed Settlement, you will preserve any claims you may have against UNH related to UNH’s transition to remote learning in the Spring 2020 semester. However, you will not be entitled to receive a payment from this proposed Settlement–assuming that the proposed Settlement is approved by the Court.

If you wanted to exclude yourself from the Settlement, you could have written to the Settlement Administrator about why you wanted to exclude yourself from the Settlement by no later than August 26, 2023. The deadline to exclude yourself from the Settlement has passed.

If you are a Class Member, you could have objected to the Settlement if you didn’t like any part of it. To object, you must have filed with the Court a letter or brief stating that you object to the Settlement and sent a copy to Class Counsel and Defendant’s Counsel. If you wanted to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer, you must have said so in your letter or brief. The deadline to file an objection was August 26, 2023, and has passed.

If you objected to the proposed Settlement, the Court will consider your objection at the Final Approval Hearing. If the Court sustains your objection, or the objection of any other Settlement Class Member, the proposed Settlement may not be approved. If you objected, but the Court overrules your objection and any other objections and approves the proposed Settlement, then you will be bound by the proposed Settlement, and you may appeal the approval order to the extent that it overrules your objection.

Objecting to the proposed Settlement is telling the Court that you do not believe the proposed Settlement is fair, reasonable, and adequate for the Settlement Class, and asking the Court to reject it. If you object to the proposed Settlement and the proposed Settlement is ultimately approved, then you are entitled to a payment and will release any claims related to UNH’s transition to remote learning and closure of on-campus services in the Spring 2020 semester. Opting out of the proposed Settlement, however, is telling the Court that you do not want to be a part of the proposed Settlement if it is approved, you do not want to receive a payment, and you will not release claims you might have against UNH that would otherwise have been released by participating in the proposed Settlement.

No. To object to the proposed Settlement, you must participate in the proposed Settlement. Thus, you must choose between opting out or objecting to the proposed Settlement.

The Parties have agreed to a total Cash Settlement Fund of $1,000,000.

Attorneys’ fees and costs, contribution awards for the Settlement Class Representative, and administrative fees, including the costs paid to a third- party Settlement Administrator, will be paid out of the Cash Settlement Fund. Thereafter, the remaining funds—the Net Settlement Fund—will be divided among all Settlement Class Members entitled to payments as outlined in the proposed Settlement and discussed further below in FAQ 20.

Class Counsel requested that the Court approve attorneys’ fees of not more than $500,000 the Cash Settlement Fund, and that Class Counsel be reimbursed for their out-of-pocket litigation costs incurred in litigating the Action. Class Counsel submitted their request to the Court and the motion was published on the Important Documents page. The Court decided to approve a total of $290,501.45 in attorneys’ fees and costs based on a number of factors, including the risk associated with bringing the Action, the amount of time spent on the case, the magnitude and complexity of the Action, the quality of the work, and the requested fee in relation to the outcome of the Action.

Class Counsel will request that the Settlement Class Representative, Krystian Wnorowski, be paid an award in the amount of no more than $10,000, in recognition for his work in connection with this case. The award was approved by the Court.

A third-party Settlement Administrator was retained to provide notice and administer the payments to Settlement Class Members. The expenses of the Settlement Administrator are projected to not exceed $75,000. In the event that such expenses exceed $75,000, such additional amounts shall be paid only after approval by both Class Counsel and UNH’s Counsel.

The balance of the Cash Settlement Fund after paying administrative expenses, attorneys’ fees and costs, and awards to the Settlement Class Representative, will be known as the Net Settlement Fund. The Net Settlement Fund will be divided equally so that each Settlement Class Member receives the same amount. If you qualify as a Settlement Class Member, and the proposed Settlement is approved, you will receive the Settlement Benefit. Should any students opt out of the proposed Settlement, the amount that would have been distributed to such Potential Settlement Class Member had they not filed an opt-out request will instead be distributed to Settlement Class Members, in equal amounts to each Settlement Class Member.

Payments were mailed to eligible Class Members on January 10, 2024. If you filed an Election Form, your payment may have been issued via Venmo or PayPal as requested.

Payments were mailed to eligible Class Members on January 10, 2024. If you filed an Election Form, your payment may have been issued via Venmo or PayPal as requested.

The Court held a Final Approval Hearing on October 3, 2023 and decided that the proposed Settlement was fair, reasonable, and adequate, and approved the Settlement. A copy of the Court’s Order can be viewed on the Important Documents page of the Settlement website.

The Court has ordered that Eric Poulin, Roy T. Willey, IV, Paul Doolittle, and Blake Abbott of Poulin | Willey | Anastopoulo, LLC, to serve as Class Counsel and will represent all Settlement Class Members in this matter.

No. Class Counsel will be paid directly from the Cash Settlement Fund, subject to the Court’s approval.

The Court will be asked to approve the amount of attorneys’ fees at the Final Approval Hearing. Class Counsel filed an application for attorneys’ fees, which shall not exceed $500,000, plus their out-of-pocket litigation costs, and specified the amount being sought. Class Counsel submitted its request to the Court and the motion was be published on the Important Documents page. Settlement Class Members who would have liked to object to the amount of attorneys’ fees sought by Class Counsel may have done so by following the instructions described in FAQ 12.

The notice only summarizes the proposed Settlement.  More details are contained in the Settlement Agreement, which can be found on the Important Documents page. In the event of any inconsistency between the Settlement Agreement and the notice, the Settlement Agreement will govern.

For additional information about the proposed Settlement, you should contact the Settlement Administrator as follows:

University of New Haven Settlement
c/o JND Legal Administration
PO Box 91398
Seattle, WA 98111
Toll Free: 1-855-678-0559
Email: info@UNewHavenSettlement.com

For more information, you may also contact Class Counsel:

POULIN | WILLEY | ANASTOPOULO, LLC
Attn: Paul Doolittle 32 Ann Street
Charleston, SC 29403
(843) 310-6210
cmad@akimlawfirm.com

PLEASE DO NOT CONTACT THE COURT OR UNH CONCERNING THE NOTICE OR THE PROPOSED SETTLEMENT.