Indiana Supreme Court

Keller J. Mellowitz v. Ball State University

November 21, 2023

Summary

The Indiana Supreme Court affirmed an order barring Keller Mellowitz from pursuing COVID-19-related contract and unjust-enrichment claims as a class action, while allowing his individual claims to continue. It held that the statutory class-action restriction was a valid legislative enactment because its predominant purpose was to protect covered educational institutions from pandemic-related litigation exposure, not to manage judicial administration. The court also held that the restriction did not take property or impair Mellowitz's contract because he had no property right to use a class action and retained the ability to pursue his own claims.