McDermott v. Ohio State Univ.
205 N.E.3d 58
Ohio Ct. App.2022Background
- Spring 2020: McDermott, a third‑year DDS student at Ohio State University (OSU), paid a $74.40 Student Union Facility Fee (spring) and an annual $1,993 clinical education support fee. OSU closed the Ohio Union and restricted student access to the dental clinic in March 2020 due to COVID‑19.
- OSU did not refund any portion of either fee; McDermott sued in the Court of Claims alleging breach of an implied contract and unjust enrichment and sought prorated refunds.
- McDermott moved to certify: (1) a class of Columbus‑campus students who paid the Student Union Facility Fee for Spring 2020; and (2) a subclass of College of Dentistry DDS students who paid the clinical education support fee for Spring and/or Summer 2020.
- The Court of Claims certified both the class and subclass. OSU appealed the certification order.
- The Tenth District affirmed certification of the Student Union Facility Fee class (finding common issues predominate and class treatment superior) but reversed certification of the dental clinical support fee subclass, remanding for a more rigorous Civ.R. 23(B)(3) analysis. The court rejected OSU's sovereign‑immunity/public‑duty jurisdiction challenge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether commonality/predominance satisfied for Student Union Facility Fee class | The fee was paid in exchange for OSU keeping the union open; all class members suffered the same injury when the union closed | Fee is debt‑service (not an access fee); payment did not guarantee use; individual damages (actual use, third‑party payments) will vary | Affirmed: common legal/factual question (access v. debt service) predominates; class action is superior for many small claims |
| Typicality and class definition for Student Union class | McDermott's claims mirror other payors; class limited to full‑time on‑campus students charged for Spring 2020 | Class is overbroad/ambiguous; administrative identification burdensome | Affirmed: McDermott typical; class definition sufficiently definite and administratively feasible |
| Whether commonality/predominance satisfied for Dental Clinical Support Fee subclass | Clinic fee conferred a right to clinical access; common liability question exists | Dental program complexity makes injuries individualized (year of student, completed competencies, elective cancellations); many members not harmed | Reversed: court of claims abused discretion by not rigorously analyzing material record evidence; remanded to reassess subclass configuration |
| Whether Court of Claims lacked jurisdiction because OSU is immune (public‑duty/sovereign immunity) | Plaintiff: Court of Claims has jurisdiction over monetary claims against state instrumentalities for contract/unjust enrichment | OSU: closure decisions were policy/discretionary and shielded by sovereign immunity/public‑duty rule | Held: Jurisdiction affirmed. Sovereign‑immunity/public‑duty is an issue of liability (not jurisdiction) and OSU waived the argument by not raising it below |
Key Cases Cited
- Marks v. C.P. Chem. Co., 31 Ohio St.3d 200 (1987) (commonality requires questions capable of classwide resolution and addressing same injury)
- Cullen v. State Farm Mut. Auto. Ins. Co., 137 Ohio St.3d 373 (2013) (trial court must conduct a rigorous analysis resolving factual disputes for Civ.R. 23 requirements)
- Comcast Corp. v. Behrend, 569 U.S. 27 (2013) (party seeking class certification must affirmatively demonstrate compliance with Rule 23, including predominance by evidentiary proof)
- Wal‑Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011) (common questions must generate common answers apt to drive resolution for the class)
- Amgen Inc. v. Connecticut Ret. Plans & Trust Funds, 568 U.S. 455 (2013) (class members must be able to prove injury through common evidence)
- Hambleton v. R.G. Barry Corp., 12 Ohio St.3d 179 (1984) (elements of unjust enrichment)
- Felix v. Ganley Chevrolet, Inc., 145 Ohio St.3d 329 (2015) (class certification improper where no showing all class members were injured)
- Warner v. Waste Mgmt., Inc., 36 Ohio St.3d 91 (1988) (class definition must permit identification within reasonable effort)
- Baughman v. State Farm Mut. Auto. Ins. Co., 88 Ohio St.3d 480 (2000) (typicality protects absent class members and ensures alignment of interests)