Colleges and universities in the U.S. are increasingly facing class action lawsuits due to a combination of factors that make them “uniquely suited” to be the targets of such litigation, according to a new compendium that examines the issues that are landing the institutions in court.
“What began as isolated disputes involving admissions practices or employment discrimination has evolved into a broad spectrum of high-stakes litigation touching nearly every aspect of institutional operations,” states the 2026 Higher Education Class Action Review, compiled by a law firm that specializes in higher education litigation.
Among other things, the compendium lists claims that involve:
- Tuition and fee refunds
- Antitrust allegations
- Title IX compliance
- Financial aid practices
- Student privacy
- Labor and employment disputes
- Disability accommodations
- Consumer protection statutes
- Data breaches
- The use of emerging educational technologies.
The book says the growth in such lawsuits reflects a “deeper transformation in the relationship between universities and their stakeholders.”
“Plaintiffs’ attorneys recognize that higher education institutions possess substantial assets, expansive data systems, and policies affecting large populations — conditions uniquely suited for aggregate litigation,” the book states. “As a result, universities now operate in an environment where institutional decisions can trigger nationwide claims involving thousands, and sometimes millions, of individuals.”
The book includes an index of cases from the previous year or so and sorts them by those brought in federal versus state court or cases brought by federal administrative agencies, such as the Equal Opportunity Employment Commission, or EEOC.
Though there were no rulings in the cases brought by the government, there were several large settlements reached, the book notes. Three of the five cases cited in that section involved settlements on behalf of Jewish students or employees who alleged harassment — a reflection of the Trump administration and the Republican-controlled Congress’ emphasis on combatting antisemitism. The largest settlement was $200 million in a case the Department of Justice brought against Columbia University. As The EDU Ledger reported, in that case, Columbia will pay $200 million to the federal government over three years to restore federal research grants, plus an additional $21 million to resolve civil rights violations claims involving Jewish employees following the October 7, 2023 Hamas attack on Israel.
