Frequently Asked Questions

The Court has preliminarily approved a settlement in a lawsuit pending in the Supreme Court of the State of New York, County of Onondaga, entitled Arthur Germakovski, on behalf of himself and all others similarly situated, v. Le Moyne College, Index No. 009143/2024 (the "Action").

You received a Notice because Le Moyne's records indicate that you were an undergraduate student who was charged tuition and/or mandatory fees and enrolled in at least one in-person, on-campus class during the Spring 2020 semester. You are a member of the Settlement Class.

The purpose of the Notice is to inform you about the proposed Settlement and explain your rights and options.

Plaintiff Arthur Germakovski filed the Action on September 5, 2024, alleging breach of contract and unjust enrichment claims 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 due to the COVID-19 pandemic and related state and local public health mandates and orders.

On June 10, 2025, the Court dismissed Plaintiff's breach of contract claim seeking a refund of tuition and his unjust enrichment claim. The only claims that remained were for breach of contract as 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 and any wrongdoing or liability, and would continue to assert numerous defenses if the case proceeded.

Before engaging in full pre-class certification discovery, the Parties explored resolution frameworks that took into account the strengths and weaknesses of the remaining claims, the New York law landscape regarding these claims, and the risks of continued litigation. As a result of extensive arm's-length negotiations, the Parties reached an agreement in principle on April 20, 2026.

The Court granted Preliminary Approval of the Settlement on August 20, 2026. The Settlement is a compromise of disputed claims. Nothing in the Settlement is, or may be construed as, an admission by Le Moyne of any wrongdoing or liability.

Apex Class Action, LLC has been retained as the independent Settlement Claims Administrator. The Settlement Administrator is responsible for sending the Notice and Election Form, maintaining this website, receiving Election Forms, Opt-out Statements, and objections, and distributing settlement payments.

You may contact the Settlement Administrator at 1-800-355-0700 or support@apexclassaction.com.

You are a member of the Settlement Class 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.

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

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 any settlement proceeds.

The material terms of the Settlement are as follows:

1. 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.
2. Class Counsel will apply to the Court for attorneys' fees of no more than $81,068.66 and reimbursement of reasonable litigation costs and expenses not expected to exceed $20,000.00.
3. Class Counsel will also request a Service Award of no more than $2,500.00 for the Named Plaintiff, Arthur Germakovski, in recognition of his service to the Class.
4. The costs and fees of the Settlement Claims Administrator will be paid from the Cash Settlement Fund.
5. After Court-approved deductions for attorneys' fees and costs, the Service Award, and administration costs, the remaining balance – the Net Settlement Fund – will be distributed to eligible Class Members who do not opt out.
6. In exchange, Class Members who do not opt out will release the claims described in the Settlement Agreement.

Nothing. You are not required to take any affirmative steps to participate. If you are an eligible Class Member and do not opt out, you will automatically receive a payment after the Court grants Final Approval.

You may choose how you would like to be paid by submitting the Election Form by October 19, 2026. Options include a physical check, Venmo, PayPal, or another reasonably available method. You may submit the Election Form by First Class mail, fax, email, or online through the Electronic Payment page. If you do not return an Election Form, a physical check will be mailed to you.

The Net Settlement Fund will be allocated to eligible Class Members on a pro rata basis. The Settlement Administrator will prepare the calculations, which will be approved by the Parties, and each eligible Class Member who does not opt out will receive a proportionate share of the Net Settlement Fund.

All payments, whether made electronically or by physical check, will be issued only after the Court grants Final Approval of the Settlement and any appeals (if filed) are resolved. The Settlement Administrator will distribute payments within 30 days after the Final Effective Date.

If you receive a physical check, you will have 180 days from the date on the check to cash it. Checks will be void after 180 days unless you request reissuance before the check expires. Any amounts 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 Le Moyne students.

If you do not opt out, you will release all claims arising out of or in any way allegedly related to tuition and fees paid or incurred by Le Moyne's undergraduate students in connection with the Spring 2020 Semester, including all claims that were brought or could have been brought in the Action. This is called the "Released Claims" and is described in full in the Settlement Agreement.

The Released Parties include Le Moyne College and its current, former, and future parents, predecessors, successors, affiliates, assigns, subsidiaries, divisions, and related corporate entities, and their respective employees, officers, directors, trustees, administrators, insurers, attorneys, and others as set forth in the Settlement Agreement.

If you do not want to be part of the Settlement, you must submit a written, signed Opt-out Statement to the Settlement Administrator. To be valid, the Opt-out Statement must include your name, address, and telephone number, and a statement indicating that you intend to opt out of the Settlement.

Your Opt-out Statement must be mailed by First Class U.S. Mail, postage prepaid, and postmarked on or before October 19, 2026, or submitted through this website by that date. If you opt out, you will not receive a settlement payment and will not be bound by the release.

If you are a Class Member and you believe the Settlement is unfair or unreasonable, you may object. Your objection must be in writing and mailed to the Settlement Administrator by First Class Mail, postage prepaid, postmarked on or before October 19, 2026. Your objection must include:

1. your name, address, and telephone number;
2. an explanation of the basis upon which you claim to be a Class Member;
3. all grounds for the objection, including citations to legal authority and evidence supporting the objection;
4. the name and contact information of any attorney representing, advising, or assisting you with the objection;
5. a statement indicating whether you intend to appear at the Fairness Hearing, either personally or through counsel;
6. copies of any papers, briefs, declarations, affidavits, or other documents upon which the objection is based;
7. a list of any other objections you or your counsel have submitted to any class action in any state or federal court in the previous five years (or a statement that no such prior objection has been made); and
8. your signature, in addition to the signature of your attorney (if any).

Failure to include any of this information may be grounds for overruling or striking the objection. Class Members who opt out may not object. You may withdraw your objection at any time.

The Court has scheduled a Final Approval Hearing for December 17, 2026, at 11:00 a.m., at 401 Montgomery St, Syracuse, New York, 13202. If there are objections, the Court will consider them then, and the Judge will decide whether to listen to any issues that are properly raised. At the Final Approval Hearing, the Judge will ultimately decide whether to approve the Settlement.

You do not need to attend the Fairness Hearing. If you submitted a timely written objection, you may ask to speak at the hearing, either personally or through an attorney who files an appearance with the Court.

The Court appointed Michael A. Tompkins and Anthony Alesandro of Leeds Brown Law, P.C., and Nicholas A. Colella of Lynch Carpenter, LLP, as Class Counsel. You will not be charged separately for their services; Class Counsel's fees and costs will be paid from the Cash Settlement Fund as approved by the Court. You may hire your own attorney at your own expense if you wish.