COLUMBIA, S.C. — Nelson Mullins Riley & Scarborough LLP secured a significant appellate victory on behalf of the University of South Carolina (USC). On Aug. 19, the South Carolina Court of Appeals affirmed summary judgment in the University’s favor in a putative class action seeking tuition and fee refunds arising from USC’s transition to remote instruction during the COVID-19 pandemic.

In Bunch v. University of South Carolina, the Court of Appeals upheld the dismissal of claims brought by two former undergraduate students who alleged that USC breached its contractual obligations when it transitioned from in-person to remote instruction for the final six weeks of the spring 2020 semester. The students sought prorated refunds of tuition and certain fees on behalf of themselves, and others similarly situated.

The appellate court concluded that the plaintiffs failed to establish that USC had contractually promised exclusively in-person instruction. It held that USC’s Statement of Financial Responsibility was the sole express agreement between the parties and contained no such promise, rejecting the students’ argument that course registration materials created an obligation to provide courses in their originally listed format. The court also agreed that the students were not entitled to damages because USC charged the same tuition for in-person and online classes, and the students completed their coursework and earned their degrees as expected.

Nelson Mullins attorneys Robert Brunson and Rush Smith represented the University of South Carolina in the appeal.

“We’re pleased with the court’s decision affirming summary judgment in favor of the University,” said Brunson. “The ruling confirms that USC met its obligations to students during an unprecedented time, while adapting to the challenges of the pandemic and the Governor’s order closing state-supported universities so students could continue their education. It’s a big win for the state’s flagship university.”

The court likewise found no basis for reimbursement of fees and held that sovereign immunity barred the students’ equitable claims for promissory estoppel and unjust enrichment. Nelson Mullins has also represented other universities in achieving similar results in lawsuits in Florida and South Carolina. 

Established in 1897, Nelson Mullins is a full-service Am Law 100 firm of more than 1,000 attorneys, policy advisors, and professionals with offices across the United States. For more information, go to www.nelsonmullins.com.

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