Eleventh Circuit Affirms Dismissal of COVID Claims Against the University of Miami
As we have seen in similar cases involving other colleges and universities (e.g. the University of Delaware, Bradley University, Brandeis University, DC schools, NJ schools), the outcomes of these cases turn on the particulars of the school’s representations to the students. In this case, the Eleventh Circuit agreed with the District Court that, even if the University had entered into express or implied contracts with its students, those very contracts provided that the University could amend its contracts with or without notice. In short, the University reserved the right to amend the way in which it delivered its curriculum and so it acted within its rights when it moved to online education in Spring 2020.
As to Ms. Dixon’s unjust enrichment claim, the court first noted that the University could not have continued in-person education without violating two separate executive orders. In any case, under Florida law, one cannot state a claim for unjust enrichment where payment has been made for the benefits conferred. Here, the court found that Ms. Dixon received the benefits of a University of Miami education, even if that education was delivered temporarily through online courses. Her claim that the University did not appropriately prorate her refund for fees was not supported by evidence.
The opinion concludes on a note of optimism:
We hope that some comfort can be found, however, in our certainty that despite enduring the hardships created by the pandemic, any student who has earned a degree from a school like the University of Miami retains the unspoiled potential for a fulfilling and prosperous future.
May it be so.