Court Reverses Decision To Dismiss Lawsuit Against Baylor Student Seeking Tuition Refunds Over Pandemic Cancellations

Press Release

Waco, TX – Poulin | Willey | Anastopoulo [d.b.a Anastopoulo Law Firm] and co-counsel received a favorable decision from the Fifth Circuit Court of Appeals reversing a decision by a U.S. District Judge in Waco, TX, dismissing a lawsuit against Baylor University seeking refunds as a result of pandemic-related shutdowns by the university.

Allison King, a Baylor student from McAllen, TX, alleges breach of contract and unjust enrichment by Baylor. Her lawsuit, similar to hundreds like it filed across the country in the wake of the COVID-19 pandemic, sought refunds for tuition and fees associated with attending the private university after it converted temporarily to online-only classes during spring 2020.

The Concurrence in the Opinion is particularly strong, finding: “[King] alleges a straightforward breach-of-contract claim: I paid for something, you changed the deal to give me something worth less, and I want some money back. Many courts around the country, faced with similar allegations, have refused to dismiss them. Yet the district court threw King’s claims out. Why? It thought Baylor never agreed to provide “in-person instruction” and “expressly” reserved an absolute right to alter class offerings in response to catastrophes like a pandemic. Nonsense. Baylor could have written contracts with those escape hatches, but it didn’t. No contract Baylor points to says anything of the sort. So, the majority correctly reverses and remands.”

“We agree with the 5th Circuit’s decision,” partner and trial lawyer Roy T. Willey IV said in a statement, “and look forward to getting full justice for the students back in the district court.”

Poulin | Willey attorneys were one of the first to file in the country when it came to seeing reimbursement costs for college student tuition during the COVID-19 pandemic.

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