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Mag Analysis > Entertainment > Lankau v. The New School: Full Breakdown of the COVID-19 Tuition Lawsuit
Entertainment

Lankau v. The New School: Full Breakdown of the COVID-19 Tuition Lawsuit

Mag By Mag Published May 31, 2025
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Lankau v. The New School

The legal case known as Lankau v. The New School is one of the most prominent class action lawsuits to emerge from the COVID-19 pandemic’s disruption to higher education. When colleges across the U.S. transitioned abruptly to online learning in 2020, many students felt shortchanged, having paid for in-person classes, campus access, and physical resources they could no longer use.

Contents
Background of The New SchoolPlaintiff Profile: Mckayla LankauLegal Grounds for the LawsuitCourt ProceedingsSettlement DetailsSummary of the Settlement:Class Action AdministrationImplications for StudentsBroader Impact on Higher EducationConclusionRecommended Articles

One such student, Mckayla Lankau, filed a lawsuit against The New School in New York, claiming the university failed to deliver on its contractual obligations. This case, now settled with a $3 million payout, highlights key legal questions around educational value, tuition fairness, and institutional accountability during emergencies.

Background of The New School

The New School, located in New York City, is a progressive private university known for its focus on liberal arts, design, and social research. Like most higher education institutions, The New School faced unprecedented challenges when the COVID-19 pandemic forced campus closures in March 2020. As a result, classes were moved online without reducing tuition or fees.

Despite maintaining academic instruction virtually, students argued that what they received was not equivalent to the immersive, in-person experience they were promised. Facilities like studios, libraries, performance spaces, and student events were no longer accessible, leading to growing dissatisfaction among the student body.

Plaintiff Profile: Mckayla Lankau

Mckayla Lankau, the lead plaintiff in the lawsuit, was an enrolled student at The New School when the shift to online learning occurred. Representing thousands of similarly affected students, she filed the case on behalf of all those who paid full tuition and fees but felt the services delivered were not aligned with what they had contracted for.

Her legal action emphasized that students were not refunded any portion of their payments despite the significant change in how services were delivered. This lawsuit eventually gained class action status, allowing others with the same grievance to participate in the legal proceedings.

Legal Grounds for the Lawsuit

Lankau v. The New School included several legal claims, each aimed at holding the university accountable for its handling of tuition and services:

Legal ClaimDescription
Breach of ContractArgued that The New School failed to deliver promised in-person education.
Fraudulent InducementClaimed the university misled students about the nature of continued services.
Fraudulent TransferAlleged mishandling or redirection of funds that should have been refunded.
Account StatedFocused on unresolved balances and billing disputes between the school and students.
Goods and Services RenderedClaimed students paid for services and goods (like housing, labs, events) that were not delivered.

These legal arguments were supported by the fact that students were charged fees for campus access, student services, and activities that they never received in full.

Court Proceedings

The lawsuit was filed in 2020 in New York County. Over the following years, the case went through various stages, including motions to dismiss by the university. However, in a significant win for students, a federal judge ruled that the lawsuit could move forward, especially on the grounds of breach of an implied contract.

Key court highlights:

  • Initial Filing: Initiated shortly after the transition to online classes.
  • Class Certification: Approved by the court to represent a large group of affected students.
  • Judge’s Decision: Ruled in favor of the plaintiffs on specific claims, allowing the lawsuit to proceed to a settlement phase.

This ruling set a precedent, giving weight to similar lawsuits across the country involving other universities.

Settlement Details

After prolonged legal negotiations, Lankau v. The New School reached a settlement agreement in 2024. The university agreed to pay $3 million to resolve the claims without admitting wrongdoing.

Summary of the Settlement:

ItemDetail
Settlement Amount$3,000,000
Settlement Fund UseRefunds for eligible students
Final Approval HearingScheduled for November 2024
Claim DeadlineSeptember 27, 2024
Administration PartnerApex Class Action, LLC

Eligible students can file claims to receive a portion of the settlement, based on how much they paid during the pandemic semesters.

Class Action Administration

The settlement process is being handled by Apex Class Action, LLC, which is responsible for managing claims, notifications, and disbursements.

Students affected by the case should visit the official settlement website newschoolrefundlawsuit.com for:

  • Submitting a claim online
  • Viewing important deadlines
  • Reviewing court documents
  • Contacting the settlement administrator

Clear instructions are available for students to verify their eligibility and submit required documentation.

Implications for Students

This case directly benefits students who paid tuition and mandatory fees for the Spring 2020 semester and experienced a sudden shift to online education. Students may be eligible for compensation if:

  1. They were enrolled at The New School during Spring 2020.
  2. They paid out-of-pocket for tuition or fees.
  3. They did not already receive a full refund.

This legal victory also sends a broader message: universities must ensure transparency and fairness when modifying services, especially under emergency conditions. Students are not just customers—they are stakeholders entitled to accountability.

Broader Impact on Higher Education

The outcome of Lankau v. The New School may influence how universities handle student services during future crises. Key impacts include:

  • Institutions may become more cautious in charging full tuition for altered services.
  • Universities may improve refund policies and contract clarity.
  • Other students across the U.S. are more aware of their legal rights.

This case is part of a growing trend where students are asserting their consumer rights and holding educational institutions to their promises.

Conclusion

The Lankau v. The New School lawsuit is a powerful example of student advocacy and legal accountability in the wake of the COVID-19 pandemic. While the shift to remote learning was necessary for public health, the lack of financial adjustment from many universities led to discontent and legal challenges.

Through this lawsuit, Mckayla Lankau and her peers have secured justice and compensation, while also setting an example for future actions.

As the final approval hearing approaches in late 2024, the case remains a milestone in the dialogue around education, value, and fairness. Students, educators, and legal professionals alike will be watching the lasting effects of this important legal battle.


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