'Both Arguments Miss the Point': Federal Judge Denies Boston University's Bid to Dismiss COVID-19 Tuition Refund Suit
"Whether remote classes were an adequate substitute for in-person instruction" after the COVID-19 pandemic interrupted BU's spring 2020 semester "goes to the issue of damages, not breach," wrote the federal judge, who also found that damages issues must go forward based on other reasons.
August 12, 2022 at 10:03 AM
6 minute read
EducationA Massachusetts federal court has rejected Boston University's attempt to win summary judgment in a breach-of-contract case launched by former students who say that during the early months of the pandemic, when the university essentially shut down its campus, it reneged on a contractual promise to give students in-person instruction and services.
U.S. District Judge Richard Stearns in Boston has turned back multiple arguments made by the university, writing in an opinion that Boston University, or BU, "has failed to produce evidence that would conclusively preclude the possibility that a reasonable jury might agree that such a binding contract existed" to give students "in-person instruction (or tuition refunds should in-person classes become unavailable), a promise on which students relied in prospectively paying their tuition."
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