You're changing it even more.
Posted on: April 12, 2020 at 11:41:03 CT
ummmm MU
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First we were talking about contract claims between the students and colleges, upon the colleges' failure to perform and presumed refusal to refund tuition to the students.
Now, you're talking about students suing the university for contracting the virus in class--a tort action. That's where sovereign immunity will come into play (which you were getting at with your first post when you mentioned "discretionary" actions). Of course, it would also be impossible to prove that the student contracted the virus from class, even if sovereign immunity didn't protect the university administration's discretionary actions. (btw, sovereign immunity is a doctrine that should be eliminated immediately).
Also, you say: "The doctrines you listed are what I was referring to, but they are all narrow, have exceptions, and are rarely applied." Yes, but that is the state college's burden if they don't want to refund tuition. I'm not defending the have your cake and eat it too position that state govt's will want to take.
Good luck in your lawsuits. You have the deep pockets and the govt courts on your side, so you should fare well.
Edited by ummmm at 11:44:02 on 04/12/20