Germakovski v. Le Moyne College Class Action Settlement

Do I Need to Do Anything to Get Paid?

No. You are not required to take any affirmative steps to participate in the Settlement. If you are an eligible Class Member and you do not opt out, you will automatically receive your share of the Net Settlement Fund after the Court grants Final Approval.

You may, however, choose how you would like to receive your payment. The Election Form included with your Notice lets you select a physical check, Venmo, PayPal, or another reasonably available option. You may submit the Election Form by mail, fax, email, or online through this website by October 19, 2026.

If you do not return an Election Form, the Settlement Administrator will mail a physical check to your address on file. Your choice of payment method will not affect the amount of your payment or your rights under the Settlement.

What is this Case about?

On September 5, 2024, Plaintiff Arthur Germakovski filed a putative class action against Le Moyne College in the Supreme Court of the State of New York, Onondaga County. The lawsuit alleged breach of contract and unjust enrichment arising from Le Moyne's transition of in-person instruction and other educational services to a virtual environment during a portion of the Spring 2020 semester because of the COVID-19 pandemic and related public health orders.

On June 10, 2025, the Court dismissed Plaintiff's claim seeking a refund of tuition and his unjust enrichment claim. The claims that remained were for breach of contract relating to the Mandatory Comprehensive Fees and Academic and Incidental Fees that Le Moyne charged to undergraduate students enrolled in the Spring 2020 semester.

Le Moyne denies all material allegations, denies any wrongdoing or liability, and would continue to assert numerous defenses if the case proceeded. To avoid the expense, inconvenience, and risk of continued litigation, the Parties engaged in arm's-length negotiations and reached an agreement in principle on April 20, 2026. The Settlement is a compromise of disputed claims and is not an admission of liability by Le Moyne.

Am I a Class Member?

The Court has provisionally certified a Settlement Class for settlement purposes only. You are a Settlement Class Member if you fit the following description:

All Le Moyne College undergraduate students who were charged tuition and/or Mandatory Comprehensive Fees and Academic and Incidental Fees and enrolled in at least one in-person on-campus class during the Spring 2020 Semester.

Under the Settlement Agreement, Class Members who enrolled in online-only classes at the beginning of the Spring 2020 semester, who paid no tuition or fees, or who left Le Moyne before March 1, 2020 are not eligible to receive a payment.

If you received a Notice of this proposed Settlement by mail or email, Le Moyne's records indicate that you are a member of the Settlement Class.

What Can I Get From The Settlement?

Le Moyne College has agreed to pay $243,206.00 as the Cash Settlement Fund. This amount will fund all payments to be made under the Settlement, including payments to Class Members, Court-approved attorneys' fees and costs, the Service Award to the Named Plaintiff, and the costs of settlement administration.

Class Counsel will ask the Court to approve attorneys' fees of no more than $81,068.66, reimbursement of litigation costs not expected to exceed $20,000.00, and a Service Award of no more than $2,500.00 to the Named Plaintiff. After these Court-approved deductions, the remaining balance – the Net Settlement Fund – will be divided on a pro rata basis among all eligible Class Members who do not opt out.

Payments will be issued within 30 days after the Final Effective Date, which occurs after the Court grants Final Approval and any appeals are resolved. Settlement checks will be void 180 days after the date on the check. Any funds remaining after that time will be returned to Le Moyne to be deposited into a general scholarship fund and/or an emergency relief fund for the direct benefit of Le Moyne students.

All payments, whether made electronically or by paper check, will be issued only after the Court grants Final Approval of the Settlement and any appeals (if filed) are resolved.