Ninivaggi v. University of Delaware

IF YOU ATTENDED THE UNIVERSITY OF DELAWARE DURING THE SPRING 2020 SEMESTER, YOU MAY BE ELIGIBLE TO RECEIVE CASH COMPENSATION FROM A CLASS ACTION SETTLEMENT

A Settlement has been reached in a class action lawsuit between the University of Delaware (“Defendant” or “UD”) and certain individuals who have alleged that they and the Settlement Class Members are entitled to partial refunds of tuition and fees for the Spring 2020 Semester because UD transitioned to remote learning in March 2020 amid the COVID-19 pandemic. The case is Ninivaggi, et al. v. University of Delaware, Case No. 20-cv-1478-SB, (including Russo v. University of Delaware, 1:20-cv-01693- SB, consolidated therein) and Griffin v. University of Delaware, 1:23-cv-00385-SB, in the United States District Court for the District of Delaware (the “Lawsuit”).

The proposed Settlement is not an admission of wrongdoing by UD, and UD denies all allegations of wrongdoing and disclaims all liability with regard to all claims in the Lawsuit. The Court has granted Preliminary Approval of the Settlement and has conditionally certified the Settlement Class for purposes of settlement only.

However, your legal rights may be affected, and you must make a choice now.

Your Legal Rights and Options in This Lawsuit

Do Nothing	Settlement Class Members who do nothing automatically receive a payment by check to the student’s last known mailing address as reflected in UD’s records after the Effective Date of the Settlement Agreement. You will give up any rights you may have to sue UD about the issues in the Lawsuit.
Change Your Payment Options	If you need to change your payment options, you may use the Election Form on this website to provide an updated address for sending a check or elect to receive the Cash Award by Venmo or PayPal instead of a paper check. Settlement Class Members may also submit this information to the UD Settlement Administrator by mail at P.O. Box 2058, Portland, OR 97208-2058.
Exclude Yourself	You will not receive your Cash Award, but you will retain any rights you have to sue UD about the issues in the Lawsuit.
Object	Write to the Court explaining why you don’t like the Settlement. If the Court approves the Settlement, you will be bound by the Court’s decision and the Settlement Agreement.
Attend A Hearing	Ask to speak in Court about the fairness of the Settlement.