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Ford v. Rensselaer Polytechnic Institute

If Successful on Breach Claims RPI Students May Recover Tuition for Covid-19 Cancellations

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MEMORANDUM DECISION and ORDER I. INTRODUCTION It barely needs mentioning that the daily life of a vast majority of Americans — and indeed, human beings — before the COVID-19 pandemic seems foreign to the way we now must live in the middle of it. Higher education has not been spared. Countless students were sent home from colleges and universities mid-semester, including the students attending defendant Rensselaer Polytechnic Institute (“RPI” or “defendant”). Although their education continued remotely, to at least some of those students online learning was apparently less than they bargained for. Now three of RPI’s students, Morgan Ford (“Ford”), Ethan Deecher (“Deecher”), and Grady Habicht (“Habicht”, together “plaintiffs”) have sued defendant for breach of contract and other New York torts in the hopes of recovering in some measure the difference between the on-campus education they expected and the online schooling they received. Defendant disputes plaintiffs’ claims and to that end has moved for judgment on the pleadings under Federal Rule of Civil Procedure (“Rule”) 12(c). That motion, having been fully briefed, will now be decided on the parties’ submissions and oral arguments. II. BACKGROUND Plaintiffs Ford, a New Jersey resident, Deecher, a Massachusetts resident, and Habicht, a Connecticut resident, are all undergraduate students currently enrolled at RPI. Dkt. 28 (“Compl.”),

10-15.1 Plaintiffs allege that they were drawn to defendant in part because of “The Rensselaer Plan 2024″ (the “Plan”), a framework of programs, some enacted, some yet hypothetical, designed to afford its students a unique educational experience. Id.

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