In a closely watched decision, the Ohio Supreme Court has sent a case back to a lower court for further review to determine if discretionary immunity protects The Ohio State University from a class action lawsuit. The suit was brought forth by a student claiming refunds due to the campus’s closure in an early wave of COVID-19. The 4-3 opinion illuminates some complex issues of jurisdiction in these unprecedented times.
The original case, Smith v. Ohio State University, centered around whether the Court of Claims in Ohio—where the class action lawsuit was filed seeking a partial refund of tuition and fees paid during the pandemic—had the jurisdiction to hear the case. The state’s highest court was specifically asked to weigh in on whether discretionary immunity acted as a jurisdictional bar or an affirmative defense bar.
Justice Jennifer Brunner, in her dissenting opinion, cautioned against using this decision as a universal precedent. She expressed her concern for unchecked state actions in spite of statutes waiving sovereign immunity, especially in unusual circumstances such as a global pandemic. For a detailed rundown on this intricate case, the full article can be accessed here.