Attorney(s) appearing for the Case
Daniel J. Kurowski argued the cause for appellants Mark Shaffer, et al. With him on the briefs were Steve W. Berman , Glenn Ivey , and Andrew S. Levetown .
Alan Schoenfeld argued the cause for appellees. With him on the brief were Jamie Gorelick , Bruce M. Berman , Susan Pelletier , and Swapna Maruri .
Jessica L. Ellsworth and Nathaniel A. G. Zelinsky were on the brief for amici curiae American Council on Education and 18 Other Higher Education Associations in support of appellees.
Roy T. Willey argued the cause for appellants Maaz Qureshi, et al. With him on the briefs was Curtis A. Boykin .
Alan Schoenfeld argued the cause for appellee. With him on the brief were Bruce M. Berman and Susan Pelletier .
Jessica L. Ellsworth and Nathaniel A. G. Zelinsky were on the brief for amici curiae American Council on Education and 18 Other Higher Education Associations in support of appellee.
Before: Millett and Jackson, Circuit Judges, and Edwards, Senior Circuit Judge.
Edwards, Senior Circuit Judge:
The two cases that we consider in this appeal, like many others that have been litigated across the country, are by-products of the COVID-19 pandemic. As described by the amici higher education institutions:
In March 2020, America faced a rapidly-evolving crisis. For colleges and universities, the challenges...
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