Anthony Rojas v. University of Florida Board of Trustees
The Florida Supreme Court quashed the First District's ruling that sovereign immunity barred UF graduate student Anthony Rojas's breach of contract class action seeking refunds of mandatory campus fees not provided during the COVID-19 shutdown. The Court held the First District misapplied the Pan-Am Tobacco waiver-by-contract doctrine by imposing an unduly strict requirement that a state university's contract must contain express language specifically obligating it to provide particular on-campus services and refund fees when those services are suspended.
Key facts
- UF suspended on-campus in-person classes and all campus activities for spring and summer 2020 in response to COVID-19, directing students to stay away from campus.
- Rojas, a graduate student, paid mandatory activity and service fees, transportation access fees, health fees, and athletics fees but received none of the on-campus services those fees were charged to fund.
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Holdings
- The Pan-Am waiver-by-contract doctrine requires only that there be an express written contract entered under statutory authorization; it does not additionally require that the contract…
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