7 results for 'cat:"Education" AND cat:"Covid-19" AND cat:"Contract"'.
J. Blacklock finds that the Pandemic Liability Protection Act can be retroactively applied to the student’s claims stemming from Southern Methodist University moving to online classes during the Covid-19 pandemic. The student has not shown that "he had a reasonable and settled expectation that he could recovery money damages from SMU if the government forcibly shut down the campus and gave the school only the option" of moving to online classes.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: April 26, 2024, Case #: 23-0565, Categories: education, covid-19, contract
[Consolidated.] J. Petrou holds that that the trial court properly granted summary judgment to the University of San Francisco on the students' claims that it should refund tuition for suspending in-person instruction during the Covid-19 pandemic. The students failed to show the university had promised through either an express or implied contract to provide in-person instruction in all circumstances, including a health and safety emergency. Affirmed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: February 29, 2024, Case #: A165976, Categories: education, covid-19, contract
J. Stiglich denies the board of regent's petition for a writ of mandamus, which seeks to preclude the district court's exercise of jurisdiction over the students' breach of contract and unjust enrichment claims arising from the board's changing of in-person classes to online classes during the Covid-19 pandemic. The district court denied the board's motion to dismiss, emphasizing that though its findings were not conclusive, the students' pleadings were sufficient to defeat the motion pending further discovery.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 22, 2023, Case #: 84859, Categories: education, covid-19, contract
J. Carney finds that the district court properly dismissed claims alleging breach of contract and deceptive business practices after a college moved classes online for a performing arts graduate student, and postponed staging his play, due to the Covid-19 pandemic because the student failed to allege a specific promise of in-person instruction under New York law, and the college course catalog listed its right to reschedule courses or assignments in the event of unforeseen circumstances. Affirmed.
Court: 2nd Circuit, Judge: Carney, Filed On: December 8, 2023, Case #: 21-1377, Categories: education, covid-19, contract
J. Wilson finds that the district court properly ruled in favor of the university in a breach of contract action brought by the student alleging that the university should refund a portion of her spring 2020 tuition payment because she did not receive the expected benefit of in-person learning due to the Covid-19 pandemic. The district court correctly found that even if a contract between the parties did exist, the university retained the right to alter its procedures and temporarily close its facilities in response to the pandemic. The student's unjust enrichment claim fails because she did not show that the value of the benefit she received in the form of a temporarily remote education was out of step with the value of the tuition payment she provided to the university. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: July 31, 2023, Case #: 23-10299, Categories: education, covid-19, contract
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J. Bokor finds in favor of the university in a class action lawsuit from students claiming breach of contract because they were unable benefit from paying certain mandatory fees to the university while its campus was temporarily closed due to Covid-19 pandemic protocols. Though the students provide documents like invoices and portions of the student handbook as evidence of a contract to provide services in exchange for fees, they fail to point to an "express, written contract" that showing the university waived its sovereign immunity by temporarily ceasing on-campus or in-person services during the pandemic, so the trial court should have granted the university's motion to dismiss. The case is remanded to dismiss the students' lawsuit and vacate class certification. Reversed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 17, 2023, Case #: 22-0072, Categories: education, covid-19, contract