Indiana Supreme Court to hear case on class-action lawsuit against Ball State over COVID-19

INDIANAPOLIS — The Indiana Supreme Court has agreed to hear a case on whether Ball State University in Muncie can face a class-action lawsuit over canceled in-person classes due to COVID-19.

The state’s highest court announced Monday it will hear arguments in Keller J. Mellowitz v. Ball State University, et al.

Mellowitz, who was a student at Ball State in spring 2020, filed the lawsuit against the university after it declined to refund part of the tuition and fees charged for that semester.

Ball State closed campus facilities and moved classes online as a result of the COVID-19 pandemic.

A Marion County judge blocked the class-action portion of the lawsuit, citing a law passed by the General Assembly prohibiting class-action suits against universities for their pandemic responses.

The Indiana Court of Appeals overturned that decision in October 2022.