The U.S. Court of Appeals for the Fifth Circuit revived a student’s COVID-19 tuition and fee refund lawsuit against Baylor University on Tuesday, as several similar appeals work their way through the courts.

Judges Edith Jones, Stuart Kyle Duncan and Stephen Higginson said the district court wrongly dismissed student Allison King’s claim that the school breached a contract by switching from in-person to online instruction at the start of the pandemic while charging her the same amount in tuition and fees.

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