Gabriel v. O'Hara

In Gabriel v. O'Hara, 368 Pa. Super. 383, 534 A.2d 488 (Pa. Super. 1987), the Superior Court recognized the CPL is of a "sui generis nature" and "encompasses an array of practices which might be analogized to passing off, misappropriation, trademark infringement, disparagement, false advertising, fraud, breach of contract, and breach of warranty." Id. at 494. In Gabriel the Court further noted "the CPL embraces actionable conduct which sounds in assumpsit as well as trespass and which parallel actions upon contracts as well as those arising in tort." Id. at 495. Plaintiffs argue if the College's position were correct, all CPL claims would be tort claims subject to the two-year statute of limitations for torts. However, in Gabriel, the Superior Court applied the six-year catch-all limitation period in Section 5527 of the Judicial Code, 42 Pa. C.S. 5527.