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.
Key facts
- University of South Florida Board of Trustees appealed the trial court's denial of its motion to dismiss a COVID-19 student fee class action brought by student ValerieMarie Moore based on sovereign immunity.
- USF argued that no express written contract existed between the university and the student, or that any contract was implied rather than express, to shield the university from liability.
- +2 more key facts with a free trial
Why it matters
This is a leading Florida appellate decision on COVID-19 university fee refund class actions and on when a public university's electronic registration agreement constitutes the express written contract needed to defeat… — full analysis with a trial
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