Ohio State’s Immunity Claim Against COVID-19 Tuition Class Action Survives State Supreme Court Scrutiny—for Now

“This case is an outlier, one arising from the rare occurrence of a worldwide pandemic. It appears that the majority reached its conclusions on jurisdiction because this is one of those unicorns. Its holding should not be universally applied. Otherwise, egregious situations caused by the state would go unchecked, despite the existence of specific statutes by which the state waives sovereign immunity,” Justice Jennifer Brunner wrote in a dissenting opinion.


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