A federal appeals court, rejecting an attempt to revive a lawsuit against a university over fees charged during the COVID-19 pandemic, said the students are lucky opposing counsel did not seek sanctions for filing frivolous litigation.

Students Jack Moylan and Bailey Thiele alleged Illinois State University violated the U.S. Constitution by continuing to collect part of a fee meant to cover the cost of on-campus facilities and programs, even though the school switched to remote learning due to the pandemic. They argued the purported breach of contract violated the Fifth Amendment’s Takings Clause and 14th Amendment’s Due Process Clause.