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Do Colleges Owe Partial Refunds for Online-Only COVID Transition?

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Do Colleges Owe Partial Refunds for Online-Only COVID Transition?

The Second Circuit asks New York's highest court to indicate what New York law says on this.

Eugene Volokh | 8.12.2026 12:25 PM

From yesterday's opinion in Becerra-Paez v. Syracuse Univ., written yesterday by Second Circuit Judge Beth Robinson, joined by Judges Dennis Jacobs and Debra Ann Livingston:

There is a split between how federal and state courts have applied New York contract law to claims for breach of contract regarding tuition in the context of universities' COVID-related transitions to remote learning. In Rynasko v. New York University (2d Cir. 2023), we evaluated whether a plaintiff plausibly alleged an implied agreement for a generally in-person education and access to on-campus facilities........

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