Thompson Coburn’s Higher Education Litigation Summary is your resource for legal updates on key rulings and ongoing cases shaping the higher education sector. This installment covers updates related to Gainful Employment, the...more
As the higher education community and regular REGucation readers know, the One Big Beautiful Bill Act (or “OB3”) introduced several significant provisions affecting colleges, universities, and the broader higher education...more
On April 4, 2024, the U.S. Court of Appeals for the Fifth Circuit ordered a federal district court to enter a nationwide preliminary injunction to enjoin the Department of Education (ED) from implementing the Biden...more
In a decision affecting the ever-shifting legal and regulatory dynamics of Borrower Defense to Repayment (BDR) claims, the Fifth Circuit postponed the effective date of a Biden administration plan to expand student debt...more
On April 4, 2024, the U.S. Court of Appeals for the Fifth Circuit issued its opinion in CCST v. U.S. Dept. of Education, reversing the order of the U.S. District Court for the Western District of Texas, and granting a...more
On February 20, 2024, the California Court of Appeal largely affirmed an eight-figure judgment against Ashford University (“Ashford”), an on-line, for-profit college, and its parent company, Zovio, Inc. (formerly Bridgepoint...more
The Second Circuit Court of Appeals released a new decision in the NYLAG v. Cardona et al. case that may have implications for the everchanging legal and regulatory environment of Borrower Defense to Repayment (BDR) claims....more
The U.S. Department of Education published an electronic announcement on November 8, 2023, offering guidance on the notification process for Borrower Defense to Repayment (“BDR") claims received by the agency between June 23,...more
The U.S. Department of Education (ED) released a statement on Nov. 8, 2023, saying that the scores of borrower defense to repayment (BDR) application notifications that institutions of higher education (IHE) have received in...more
A group of 23 Democratic AGs, led by Massachusetts AG Andrea Joy Campbell, filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit case Career Colleges and Schools of Texas v. U.S. Department of Education, et...more
Over the past several months, institutions of higher education (IHE) have seen an influx of Borrower Defense to Repayment (BDR) applications from former students....more
Higher education clients who accept federal student loans may have recently received emails from the Department of Education (“Department”) notifying them of borrower defense claims seeking to avoid loan repayment obligations...more
Under the Higher Education Act, the U.S. Department of Education is directed to issue regulations governing when student borrowers may seek to discharge their federal student loans due to the misconduct of their institutions...more
On August 7, 2023, the Fifth Circuit Court of Appeals issued a nationwide injunction in Career Colleges and Schools of Texas v. Cardona, preventing the U.S. Department of Education (ED) from enforcing the latest version of...more
On May 19, 2023, the U.S. Department of Education (ED) published in the Federal Register a Notice of Proposed Rulemaking (the Proposed Rule) to substantially change or expand a host of regulatory requirements concerning...more
On November 1, 2022, the U.S. Department of Education (the Department) published in the Federal Register a final rule (the Final Rule) revising its regulations that govern multiple student loan discharge standards and...more
As 2023 begins to unfold, the U.S. Department of Education continues to pursue its ambitious and sweeping regulatory agenda for institutions of higher education. Please join us on January 24 for a live, 90-minute webinar...more
The US Department of Education published final regulations regarding the borrower defense to repayment rule in October 2022. In late October 2022, the US Department of Education (ED) published final regulations regarding...more
On July 13, 2022, the U.S. Department of Education (the Department) published in the Federal Register a Notice of Proposed Rulemaking (the Proposed Rule) to revise its regulations governing student loan discharge standards...more
On July 6, 2022, the U.S. Department of Education (the “Department”) released its much anticipated proposal for revising its Borrower Defense to Repayment (“BDR”) rule. We invite you to join us for a special, 2-hour webinar...more
On July 6, 2022, the U.S. Department of Education (the “Department”) released the unofficial version of its proposed rewrite of the borrower defense to repayment (“BDR”) rule. The BDR rule details the process by which former...more
Since 2019, the U.S. Department of Education has been the defendant in a federal class action lawsuit in San Francisco, Sweet, et al. v. Cardona, in which the plaintiffs requested that the court order the Department to...more