Two federal appeals court judges appeared to split over whether a COVID-19 tuition refund lawsuit against New York University should be revived, a reflection of mixed rulings on the issue from lower courts.

Judge Barrington Daniels Parker Jr. of the U.S. Court of Appeals for the Second Circuit seemed to doubt that the parent of an NYU student had standing to bring her complaint. But Judge Michael Park, who also sat on the panel, didn’t share Parker’s skepticism, noting that the parent made the tuition payment herself.

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