Duke v. Ohio Univ.

Citations

• 204 N.E.3d 752
• 2022 Ohio 4694

Syllabus

In a class action lawsuit against defendant-appellant, Ohio University (\OU\), brought by a former OU undergraduate student challenging OU's closure of its Athens campus and switch to online classes in spring 2020 due to the Covid-19 pandemic and related government orders, the trial court abused its discretion by failing to conduct a rigorous analysis as to whether the plaintiff demonstrated the prerequisites of class certification under Civ.R. 23 were satisfied considering the economic injury theory alleged. As a result, pursuant to precedent including Felix v. Ganley Chevrolet, Inc., 145 Ohio St.3d 329, 2015-Ohio-3430 and Cullen v. State Farm Mut. Auto Ins. Co., 137 Ohio St.3d 373, 2013-Ohio-4733, the trial court abused its discretion. Judgment reversed and cause remanded.