The University of South Florida Board of Trustees v. ValerieMarie Moore
In a COVID-19 student fee class action, USF appealed the denial of its motion to dismiss based on sovereign immunity, arguing that no express written contract existed (or that any contract was implied). The Second DCA affirmed, holding that the online registration agreement stating the student was "entering a legal, binding contract with USF" sufficiently pleaded an express written contract, and that whether the contract's terms and conditions and incorporated USF policies contained a promise to provide on-campus services is a question better resolved at summary judgment.
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