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HENRY, ET AL. V. BROWN UNIVERSITY, ET AL.
BROWN, CHICAGO, COLUMBIA, DARTMOUTH, DUKE, EMORY, NORTHWESTERN, RICE,
VANDERBILT, AND YALE SETTLEMENTS


CASE NO.: 1:22-CV-00125


UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

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UPDATE – September 13, 2024: Claim Forms are now available. You can submit a
Claim Form online via the Submit Claim page on this website, or download a
printable copy of the Claim Form on the Important Documents page and mail it to
the Claims Administrator at the address provided on the Contact page. All Claim
Forms must be submitted online or postmarked by December 17, 2024.


SETTLEMENTS TOTALING $284 MILLION FROM TEN OUT OF THE SEVENTEEN DEFENDANTS IN
THE CASE WILL PROVIDE PAYMENTS TO STUDENTS WHO RECEIVED NEED-BASED FINANCIAL AID
TO COVER SOME BUT NOT ALL COSTS (TUITION, FEES, ROOM, AND BOARD) TO ATTEND BROWN
UNIVERSITY, CALIFORNIA INSTITUTE OF TECHNOLOGY, UNIVERSITY OF CHICAGO, COLUMBIA
UNIVERSITY, CORNELL UNIVERSITY, DARTMOUTH COLLEGE, DUKE UNIVERSITY, EMORY
UNIVERSITY, GEORGETOWN UNIVERSITY, JOHNS HOPKINS UNIVERSITY, MASSACHUSETTS
INSTITUTE OF TECHNOLOGY, NORTHWESTERN UNIVERSITY, UNIVERSITY OF NOTRE DAME,
UNIVERSITY OF PENNSYLVANIA, WILLIAM MARSH RICE UNIVERSITY, VANDERBILT
UNIVERSITY, OR YALE UNIVERSITY.

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IMPORTANT DATES

MAY 13, 2024

Deadline to Exclude yourself from these Settlements

MAY 13, 2024

Deadline to Object or Comment on these Settlements

JULY 19, 2024 1:00 PM CT

Final Approval Hearing

DECEMBER 17, 2024

Deadline to Submit a Claim


Certain current and former financial aid recipients brought a proposed class
action lawsuit in January 2022 against Brown University, California Institute of
Technology, University of Chicago, Columbia University, Cornell University,
Dartmouth College, Duke University, Emory University, Georgetown University,
Johns Hopkins University, Massachusetts Institute of Technology, Northwestern
University, University of Notre Dame, University of Pennsylvania, William Marsh
Rice University, Vanderbilt University, and Yale University (the “Defendants” or
“Universities”).

The lawsuit alleges that the Universities conspired in violation of the federal
antitrust laws regarding principles, formulas, and methods of determining
financial aid. The Action also alleges that as a result, the Universities
provided less financial aid than they would have provided had there been full
and fair competition. The Universities have alleged that Plaintiffs’ claims lack
merit; that the Universities’ financial aid policies were legal and
pro-competitive, and financial aid awards were not artificially reduced; that
the Universities have valid defenses to Plaintiffs’ allegations; and that
Plaintiffs’ claims would have been rejected prior to trial, at trial, or on
appeal.

Plaintiffs have reached settlement agreements (“Settlements”) with Brown
University (“Brown”), University of Chicago (“Chicago”), the Trustees of
Columbia University (“Columbia”), Trustees of Dartmouth College ("Dartmouth"),
Duke University (“Duke”), Emory University (“Emory”), Northwestern University
("Northwestern"), William Marsh Rice University ("Rice"), and Vanderbilt
University ("Vanderbilt"), Yale University (“Yale”). As part of the Settlements:

 * Chicago has agreed to make a settlement payment of $13.5 million.
 * Emory has agreed to make a settlement payment of $18.5 million.
 * Yale has agreed to make a settlement payment of $18.5 million.
 * Brown has agreed to make a settlement payment of $19.5 million.
 * Columbia has agreed to make a settlement payment of $24 million.
 * Duke has agreed to make a settlement payment of $24 million.
 * Dartmouth has agreed to make a settlement payment of $33.75 million.
 * Rice has agreed to make a settlement payment of $33.75 million.
 * Northwestern has agreed to make a settlement payment of $43.5 million.
 * Vanderbilt has agreed to make a settlement payment of $55 million.

Upon approval by the Court, Settling Defendants will provide payments to the
following class of current and former students ("Settlement Class"):

 1. All U.S. citizens or permanent residents who have during the Class Period
    (a) enrolled in one or more of Defendants’ full-time undergraduate programs,
    (b) who received at least some need-based financial aid from one or more
    Defendants, and (c) whose tuition, fees, room, or board to attend one or
    more of Defendants’ full-time undergraduate programs was not fully covered
    by the combination of any types of financial aid or merit aid (not including
    loans) in any undergraduate year.[1] The Class Period is defined as follows:
    1. For Chicago, Columbia, Cornell, Duke, Georgetown, MIT, Northwestern,
       Notre, Rice, Vanderbilt, Yale – from Fall Term 2003 through the date the
       Court enters an order preliminarily approving the Settlement.
    2. For Brown, Dartmouth Emory – from Fall Term 2004 through the date the
       Court enters an order preliminarily approving the Settlements.
    3. For Caltech – from Fall Term 2019 through the date the Court enters an
       order preliminarily approving the Settlement.
    4. For Johns Hopkins – from Fall Term 2021 through the date the Court enters
       an order preliminarily approving the Settlement.
 2. Excluded from the Class are:
    1. Any Officers[2] and/or Trustees of Defendants, or any current or former
       employees holding any of the following positions: Assistant or Associate
       Vice Presidents or Vice Provosts, Executive Directors, or Directors of
       Defendants’ Financial Aid and Admissions Offices, or any Deans or Vice
       Deans, or any employees in Defendants’ in-house legal offices; and
    2. the Judge presiding over this action, his or her law clerks, spouse, and
       any person within the third degree of relationship living in the Judge’s
       household and the spouse of such a person.

The Plaintiffs have asked the Court to approve as lawyers for this Settlement
Class the following:

Edward J. Normand
Freedman Normand Friedland LLP
99 Park Avenue
Suite 1910
New York, NY 10016
Telephone: 1-646-970-7513
tnormand@fnf.law

Robert D. Gilbert
Gilbert Litigators & Counselors, P.C.
11 Broadway, Suite 615
New York, NY 10004
Telephone: 1-646-448-5269
rgilbert@gilbertlitigators.com

Eric L. Cramer
Berger Montague PC
1818 Market Street, Suite 3600
Philadelphia, PA 19106
Telephone: 1-215-875-3000
ecramer@bm.net

Payments for claims will vary depending on a number of factors, including the
net price of the university a claimant attended, the dates of attendance, and
the number of claims filed. Assuming that about half of the estimated 200,000
Class members submit timely claims, the average claimant will receive about
$2,000 from these Settlements. Because the Plaintiffs allege an antitrust
conspiracy, the amount of money any member of the Settlement Class receives is
not directly related to the amount of money that the institution that person
attended paid to settle.

Because the Plaintiffs allege an antitrust conspiracy where Plaintiffs allege
that Defendants would be joint and severally liable, the amount of money any
member of the Settlement Class receives is not directly related to the amount of
money that the institution that person attended paid in settlement. The parties
have agreed to ask the Court that any funds remaining after an initial
distribution to the Settlement Class that are unable to be efficiently
distributed to the Settlement Class be given, with the Court’s approval, to
charitable causes that promote access to higher education for disadvantaged
students and families.

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[1] For avoidance of doubt, the Class does not include those for whom the total
cost of attendance, including tuition, fees, room, and board for each
undergraduate academic year, was covered by any form of financial or merit aid
(not including loans) from one or more Defendants.

[2] For the avoidance of doubt, the Columbia University “Officers” excluded from
the Class are members of the Senior Administration of Columbia University, and
do not include exempt employees of Columbia University who are referred to as
officers.


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