North Carolina Judge Dismisses UNC Student’s Virus Damage Claim

The trial judge was right to dismiss a lawsuit filed by then-University of North Carolina students seeking refunds of tuition fees, housing and fees when full-time education was canceled in the spring 2020 semester due to the onset of the coronavirus pandemic, the state Court of Appeals ruled on Tuesday. .

Several students on UNC campuses and a parent who paid for his daughter’s enrollment claim they deserve a prorated refund when the system’s campus was closed in March 2020 and teaching moved online. Plaintiffs also sought similar damages for other affected students in the 17-campus system.

In 2020, the General Assembly passed legislation that granted public and private colleges immunity from pandemic-related lawsuits for tuition fees and fees for actions taken after the declaration of the COVID-19 emergency until June 1 of the same of the year.

EMERGENCY MONEY FROM COVID SINCE BEGINNING OF 2021 SLOWLY SPENDED, GOING TO MANY NON-COVID USES

A judge in North Carolina has dismissed a lawsuit filed by University of North Carolina students seeking reimbursement for the virus.

A judge in North Carolina has dismissed a lawsuit filed by University of North Carolina students seeking reimbursement for the virus.

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The law heavily impacted Tuesday’s unanimous panel of three judges. Chief Justice of the Court of Appeals Donna Stroud wrote that the plaintiffs rightly argued that they were referring to contracts with the UNC system for academic and related services. But the 2020 law was constitutional as applied to lawsuits, Stroud wrote, meaning the case was barred from moving forward.

The Court of Appeals upheld the decision of Supreme Court Judge Edwin Wilson Jr. of June 2021, who sided with the UNC Board of Governors – defendants in the lawsuit – and dismissed the case. But he didn’t state his case, according to Tuesday’s opinion, which Judges Allegra Collins and Geoffrey Carpenter agreed with.

In an opinion written by Stroud in October on a separate issue, a bench of the Court of Appeal ruled that other UNC students could continue their lawsuit seeking monetary damages for fees they paid before face-to-face classes in the fall of 2020 were canceled due to COVID-19. The Immunity Act of 2020 did not apply here because the alleged damage occurred outside of its time limits. The State Supreme Court has not yet ruled on the UNC board’s request for an appeal in the case.

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texasstandard.news contributed to this report.

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