Akin Secures Appellate Win for SMU on COVID Refund Class Action
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(Dallas) – Akin has secured a significant appellate win at the Texas Supreme Court for Southern Methodist University (SMU), with the court ruling in favor of SMU that the application of Texas’ Pandemic Liability Protection Act (PLPA) to student Luke Hogan’s breach-of-contract claim does not violate the retroactivity clause in Article 1, Section 16 of the Texas Constitution.
The case originates from a class action brought by former SMU student Luke Hogan, who sought tuition and fee refunds for the portion of the spring 2020 semester SMU was forced to offer online due to government COVID-19 mandates. While the suit was pending, the Texas Legislature passed the PLPA, which shields schools from monetary relief for changes to their operations due to the pandemic. A federal district court dismissed Hogan’s claims and on appeal, the U.S. Court of Appeals for the Fifth Circuit certified to the Supreme Court the question whether the PLPA violates the retroactivity clause in Article I, Section 16 of the Texas Constitution.
The Texas Supreme Court ruled that the PLPA does not violate the retroactivity clause, reasoning that “retroactive” has never been construed literally and is not subjected to a bright line test. The Court also ruled that Hogan did not have a reasonable and settled expectation to recover from SMU, mainly because the common-law impossibility doctrine would have barred the heart of his claim, regardless of the PLPA.
The Akin team was led by partner-in-charge of Akin’s Dallas office Scott Barnard and included senior counsel Heather Peckham and litigation partner Brennan Meier.
Akin is a leading international law firm with more than 900 lawyers in offices throughout the United States, Europe, Asia and the Middle East.
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