Covid-related lawsuits have now worked their way up to the Eleventh Circuit. The Court just issued a ruling relevant to one species of these lawsuits: lawsuits against universities for failing to provide in-person education during the pandemic. The plaintiff in the case sued University of Miami for breach of contract and unjust enrichment, arguing that UM should refund a portion of her tuition for the Spring 2020 semester because she didn't receive the benefits of in-person learning. The trial court (Judge Singhal) granted summary judgment for UM.
The plaintiff didn't fare any better before the Eleventh Circuit. On the breach of contract, the Court held that UM didn't breach any express or implied contract, noting that provisions in the Student Handbook gave the school wiggle room to temporarily shut down the campus. On unjust enrichment, the Court held that it wasn't inequitable for UM to retain the tuition given that the school (a) provided remote education and (b) was barred (by multiple executive orders) from providing in-person eduction.
This ruling only applies to UM, of course. But the unjust enrichment analysis looks exportable to claims against other colleges and universities and, on the breach of contract front, I have to think that UM's Student Handbook language is comparable to language in other student handbooks.
Also...a nice UM shoutout by Judge Wilson--who graduated from both Notre Dame and Notre Dame Law School--in the conclusion: "We hope that some comfort can be found, however, in our certainty that despite enduring the hardships created by the pandemic, any student who has earned a degree from a school like the University of Miami retains the unspoiled potential for a fulfilling and prosperous future." 🙌
Order in UM Covid Case by John Byrne on Scribd
3 comments:
Scratch earned and insert “paid for”. Now, if she graduated with honors…earned. UM is a waste of money if you can get into FIU, FSU or UF.
I graduated from the U and am a proud UM alumnus. Still, this is just another gratuitous statement from a judge, in my view. This case was filed as a class action and I doubt that the named plaintiff read the opinion with any serious interest or, if she did, cared at all about what Judge Wilson's personal opinion is on the worth of a particular school's education. To paraphrase a famous line from Seinfeld: From now on, when you write an opinion, just stick to the facts and the law and END IT.
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