Judge clears way for case over campus shutdown

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TALLAHASSEE, Fla. – An Alachua County circuit justice has refused to disregard a imaginable class-action suit that contends the University of Florida should refund fees to students who were forced to larn remotely past twelvemonth due to the fact that of the COVID-19 pandemic.

Judge Monica Brasington issued a nine-page ruling Monday that cleared the mode for the assemblage to look a breach-of-contract claim. The lawsuit is 1 of galore akin lawsuits filed against universities and colleges crossed the state.

The named plaintiff, Anthony Rojas, was a UF postgraduate pupil successful outpouring and summertime 2020 who paid tuition and fees. If the lawsuit is yet certified arsenic a people action, it could impact tens of thousands of students who could not instrumentality in-person classes oregon enactment successful field activities past twelvemonth arsenic UF tried to forestall the dispersed of COVID-19.

Attorneys for the assemblage argued,in part, that the lawsuit should beryllium dismissed due to the fact that of sovereign immunity, a ineligible conception that mostly shields authorities agencies from lawsuits.

But Brasington wrote that “when a governmental entity enters into an express, written declaration that is authorized by the powers granted to it by the Legislature, it waives its sovereign immunity.”

“It is the court’s uncovering that, astatine this signifier of the litigation, plaintiff has adequately (pleaded) the beingness of an explicit declaration betwixt himself and UF successful which plaintiff agreed to wage fees successful speech for circumstantial services to beryllium provided by UF during the outpouring 2020 and summertime 2020 semesters, successful accordance with (a conception of authorities law), and its corresponding regulations,” Brasington wrote.

The lawsuit, filed successful April, seeks pro-rated refunds of specified things arsenic enactment fees, proscription fees and athletics fees. It does not question tuition refunds. In summation to the breach-of-contract claim, Rojas’ attorneys besides alleged “unjust enrichment” by UF --- though Brasington dismissed that allegation.

“We are not challenging the required tuition oregon the ensuing diploma, but each of these different charges that were physically intolerable to instrumentality vantage of during the tallness of the pandemic,” Adam Moskowitz, a Coral Gables lawyer representing Rojas, said successful a prepared statement. “Some states similar Georgia already agreed to reimburse specified circumstantial funds.”

In seeking dismissal of the breach-of-contract claim, attorneys for the assemblage disputed that an “express contract” existed betwixt UF and Rojas. In a June motion, they wrote that Rojas had provided a “hodgepodge of documents” that did not represent an explicit contract.

“There is nary declaration betwixt plaintiff and UF, fto unsocial an explicit contract, thereby dictating dismissal of plaintiff’s breach of declaration assertion based upon sovereign immunity,” the question to disregard said. “Plaintiff’s petition that this tribunal judge assorted documents from aggregate sources to get astatine an enforceable explicit declaration does not comport with applicable law.”

But Rojas’ attorneys pointed to documents specified arsenic what is known arsenic a “financial liability agreement,” a tuition connection and a interest schedule.

“UF’s main statement is that plaintiff ‘cobbles together’ assorted documents to allege an explicit declaration and that this is insufficient to amusement a ‘meeting of the minds.’ In Florida, however, immoderate 1 document, oregon adjacent respective documents together, whitethorn represent an explicit declaration truthful agelong arsenic they amusement an ‘offer, acceptance and consideration,’” Rojas’ attorneys wrote successful an August document.

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