Montana State University had the right to protect the health of students during the COVID-19 emergency by shifting to remote education — and it didn’t break a contract in doing so. So said Lewis and Clark District Court Judge Michael McMahon in an order granting summary judgment to the Bozeman flagship against plaintiff Anthony Cordero, an MSU graduate. “There is no material factual dispute whether MSU had the right to deliver online educational services. It certainly did under the circumstances,” McMahon wrote. “The Court absolutely agrees with MSU’s argument that its ‘transition to online instruction and social distancing measures was at most merely an infringement on Cordero’s enjoyment, which does not constitute a taking.’”
