Akin Gump Secures Significant Victory for SMU
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(Dallas) – Akin Gump has won the dismissal, with prejudice, of a class action suit filed against Southern Methodist University (SMU).
The lawsuit, filed by a putative class of students seeking tuition and fee refunds due a shift to online learning caused by the COVID-19 pandemic—was one of many COVID-related class actions filed against colleges and universities across the country in the past two years. The plaintiffs alleged claims for conversion and unjust enrichment fail.
Akin Gump moved to dismiss the suit under the new Texas Pandemic Liability Protection Law, and, on Tuesday, March 29, 2022, the federal court agreed, dismissing the case completely, with prejudice. The judge ruled that the new law is “not unconstitutionally retroactive,” as alleged, and “operates to extinguish [plaintiffs’] claim for money but not other relief and serves a compelling government interest by broadly covering businesses and educational institutions for health and safety reasons.”
To read the opinion, please click here.
Akin Gump litigation partner Scott Barnard led the team representing SMU in the litigation. He was joined by litigation senior counsel Heather Peckham and associate Jessica Mannon.
Akin Gump Strauss Hauer & Feld LLP is a leading international law firm with more than 900 lawyers and advisors in offices throughout the United States, Europe, Asia and the Middle East.
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