Meyer v. Community College of Beaver County
2011 Pa. Commw. LEXIS 539
| Pa. Commw. Ct. | 2011Background
- Former students allege breach of contract/warranty and CPL violations after Community College of Beaver County’s Academy lost Act 120 certification.
- Training Commission suspended (May 2002) and revoked (Aug. 2002) Academy certification due to numerous violations.
- Plaintiffs sued CCBC, asserting reliance on 2000-01 catalogs describing the Academy as certified and seeking damages, treble damages, costs, and fees under CPL § 9.2.
- Trial court allowed CPL claims sounding in contract but struck fraud claims for lack of scienter; amended complaint retained unfair/deceptive CPL allegations.
- CCBC sought partial summary judgment: CPL does not apply to colleges and CCBC, as a local agency, is immune under the Tort Claims Act; the trial court denied these motions.
- Meyer II remanded for threshold CPL/“person” issue and whether CPL claims sound in tort or contract; Pennsylvania Supreme Court later directed consideration of those issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CCBC is a 'person' under CPL § 201-2(2). | Plaintiffs argue the CPL's broad 'any other legal entities' language includes local agencies. | CCBC contends public entities are not included unless expressly named; CPL should not apply. | Yes; CCBC is a 'person' under CPL by expansive construction. |
| Whether CPL claims against CCBC are immune under the Tort Claims Act. | CPL claims arise from private contracts/warranties, not tort; immunity does not apply. | CPL sounds in tort; Tort Claims Act immunizes local agencies against CPL-type actions. | CPL claims do not invoke Tort Claims Act immunity; claims are contract-based. |
| Whether CPL applies to a community college. | CPL applies to all 'persons' including local agencies. | CPL does not apply to governmental entities absent explicit inclusion. | Yes, CPL applies to CCBC as a 'person' under the statute. |
Key Cases Cited
- Meyer v. Community College of Beaver County, 606 Pa. 539 (Pa. 2010) (held that Tort Claims Act immunity does not apply to all CPL actions; remand to determine if CPL claims sound in tort or contract)
- TIG Specialty Insurance Co. v. Koken, 855 A.2d 900 (Pa. Cmwlth. 2004) (illustrates liberal construction rules and reach of catch-all provisions)
- Huffman v. Borough of Millvale, 139 Pa.Cmwlth. 349 (Pa. Cmwlth. 1991) (illustrates strict чт expressio unius to exclude government entities from certain statutes)
- Keifer, 430 Pa. 491 (Pa. 1968) (statutory construction principle: Commonwealth not deprived unless named or implied; public policy exception)
- Weinberg v. Sun Co., Inc., 565 Pa. 612 (Pa. 2001) (distinguishes Commonwealth/private actions under CPL; private actions require personal purchase/trade relation)