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HOGAN v. SOUTHERN METHODIST UNIVERSITY

No. 22-10433.

74 F.4th 371 (2023)

Luke HOGAN, on behalf of himself and other individuals similarly situated, Plaintiff-Appellant, v. SOUTHERN METHODIST UNIVERSITY, and other affiliated entities and individuals, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED July 20, 2023.

Attorney(s) appearing for the Case

Jason Sultzer , Philip Furia , Sultzer Law Group, P.C., Poughkeepsie, NY, Jeff S. Edwards , David James , Edwards Law, Austin, TX, Michael Tompkins , Leeds Brown Law, P.C., Carle Place, NY, for Plaintiff-Appellant.

Michael Scott Barnard , Jessica Mannon , Brennan Holden Meier , Heather L. Peckham , Elizabeth Marie Dulong Scott , Akin Gump Strauss Hauer & Feld, L.L.P., Dallas, TX, Elizabeth Marie Dulong Scott , Akin Gump Strauss Hauer & Feld, L.L.P., Washington, DC, for Defendant-Appellee.

William D. Wassdorf , Allison Marie Collins , Office of the Attorney General for the State of Texas, General Litigation Division, Austin, TX, for Amicus Curiae State of Texas.

Before Wiener, Southwick, and Duncan, Circuit Judges.

Luke Hogan, on behalf of a putative class of students, sued Southern Methodist University ("SMU") for refusing to refund tuition and fees after the university switched to remote instruction during the COVID-19 pandemic. The district court dismissed Hogan's complaint for...

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