Appeals court denies USF’s ‘sovereign immunity’ motion to dismiss COVID-19 charges lawsuit

“Some schools have already done the right thing and agreed to reimburse their students for these unused and unavailable services and fees,” the original complaint reads. “This lawsuit seeks to hold USF to that same standard of fairness.”

When the lawsuit was originally filed, the legislature was simultaneously hearing proposals to protect colleges from such lawsuits.

The measurement (HB 1261) authorized the Legislative Assembly and was subsequently signed by the Governor. Ron DeSantis. The right protects colleges and universities from legal action over the decision to close campuses due to the COVID-19 pandemic. The lawsuit will likely serve as a review test of the recent measure.

“In any action against an educational institution, the Board of Governors of the State University System or the State Board of Education for reimbursement of tuition or fees, invoices, catalogs and publications terms and conditions of an educational institution do not constitute evidence of an express consent or implied contract to provide in-person or on-campus education and related services or access to facilities during the COVID public health emergency. -19,” the law states. “This section does not apply to loss or damage arising solely from a breach of an express contractual provision attributing liability.

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