WilmerHale has secured a significant victory for the College Board and 40 elite private colleges, as a federal judge dismissed a putative antitrust class action challenging how these institutions determine financial aid awards. Partner David Gringer played a central role in shaping the defense’s arguments and successfully advocating for the dismissal.

US District Judge Sara L. Ellis granted two motions to dismiss the case, one for lack of jurisdiction and another for failure to state a claim. The plaintiffs had alleged a conspiracy to charge artificially high net prices of attendance by requiring financial details from noncustodial parents. Judge Ellis found the complaint lacked sufficient factual basis, stating, “Plaintiffs’ allegations of an agreement [were] conclusory and lacking in plausibility.”

Gringer, who filed the successful motions to dismiss on behalf of the College Board and the University of Pennsylvania, applauded the court’s decision in an article published by the National Law Journal: “The court’s well-reasoned opinion recognizes that plaintiffs’ lawsuit lacked a sufficient factual basis to proceed.”

He further emphasized the legitimacy of colleges’ practices: “As we argued, collecting financial information from both of an applicant’s parents makes good sense by ensuring that financial aid awards go to those who would benefit from the assistance. The court correctly held that is nothing like a price-fixing conspiracy.”

The outcome – also covered in The Washington Post, Bloomberg Law, Law360, and Reuters – reaffirms WilmerHale’s commitment to defending its clients against unfounded claims and highlights the firm’s expertise in complex antitrust litigation for leading institutions in higher education.