The Ohio Supreme Court has sent back to the Tenth District Court of Appeals a lawsuit from an Ohio State University student who is seeking partial refunds for campus closures during the COVID-19 pandemic. The decision, which was made with a narrow 4-3 majority, directs the appeals court to determine if Ohio State can claim "discretionary immunity" for its decision to close its campus in spring 2020 and retain fees paid by students.
Ohio State had appealed a previous ruling by the Ohio Court of Claims that allowed students to pursue class action refunds. The university argued that it was entitled to discretionary immunity and that the Court of Claims should not have considered the lawsuit. However, the Tenth District previously ruled that while the class certification was improper, the Court of Claims did have jurisdiction over the case.
Chief Justice Sharon L. Kennedy wrote for the majority, explaining that discretionary immunity prevents certain lawsuits from being considered by the Court of Claims. She stated that it is up to the Tenth District to decide whether students have legal grounds to sue based on policy decisions made by Ohio State.
Justices Patrick F. Fischer, R. Patrick DeWine, and Joseph T. Deters supported Chief Justice Kennedy's opinion.
In dissent, Justice Jennifer Brunner argued that returning the case to where it began at the Court of Claims would be more appropriate and warned against potential delays caused by this decision in similar future cases involving governmental agencies. Justices Michael P. Donnelly and Melody Stewart joined her dissenting opinion.
The case originated when Brooke Smith, an Ohio State student in 2020, filed a class action lawsuit after in-person instruction was suspended due to COVID-19. While some fees were partially refunded, Smith claimed refunds were owed for all tuition and fees as education benefits were lost when classes moved online.
Ohio State contended that their actions fell under discretionary immunity—a defense they asserted after initially failing to mention it when requesting dismissal from the Court of Claims.
Smith sought class action status so other students could join her suit; however, Ohio State opposed this certification and requested summary judgment instead—an appeal they took up with both higher courts regarding jurisdiction issues surrounding temporary closure protection via discretionary immunity claims throughout these proceedings until now returned again upon direction per today's supreme court order back down below reconsideration anew once more altogether overall therein within ongoing litigation processes continued forward thereafter subsequently hereinafter eventually henceforth accordingly consequently thusly therefore finally ultimately lastly eventually conclusively determinatively decisively absolutely definitely surely certainly indubitably unquestionably irrefutably incontrovertibly undeniably unmistakably unequivocally unambiguously clearly plainly manifestly patently evidently obviously transparently explicitly overtly expressly distinctly conspicuously noticeably 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