The University of Oregon filed a motion requesting a venue change for an alleged breach of contract tuition lawsuit on July 23. If granted, the trial will move from Multnomah County — where it was originally filed — to Lane County.
The students who filed the lawsuit are seeking repayment for tuition and fees that UO charged after it shifted to remote operations due to COVID-19. Lane County law clerk Caine Smith initially filed the suit on the students’ behalf in the Multnomah County Circuit Court on March 19.
According to the motion, UO believes the case was filed in the wrong county. It wrote that the alleged cause of action took place in Lane County, not Multnomah.
UO wrote that the majority of evidence and witnesses for the trial are in Eugene, and the lawsuit “does not identify a single putative class member who did reside in Multnomah County when the cause of action arose.”
However, Hagens Berman, the law firm representing the students, is arguing that the case should stay in Multnomah County because UO has “long maintained a Portland campus and a number of the trustees named as defendants live in and around Multnomah County.”
In an opposition to the motion, the firm claimed the alleged contract breach did, in fact, occur on UO’s Portland campus. It wrote that UO advertised “advanced study opportunities,” which include in-person laboratories and design studios.
According to Hagens Berman, the change of venue will delay the trial, but will not affect the trajectory of the case.
UO has until August 13 to respond to Hagens Berman’s opposition. After that, Multnomah County Circuit Court Judge David F. Rees will rule on the case’s location.
As of this story’s publication, there is no timetable as to when Rees will rule on the motion.