A class action lawsuit on behalf of students alleging that Pitt unjustly profited from the pandemic-induced switch to remote learning has partially survived attempts at dismissal by the University. 

In an Aug. 11 ruling, the United States Court of Appeals for the Third Circuit found enough substance to students’ breach of contract claims against Pitt to warrant further proceedings. The plaintiffs argue that, by accepting tuition and fees from students, the University implies the provision of in-person education and services. 

In an accompanying precedential opinion, Judge Cheryl Ann Krause noted that the students aren’t challenging the wisdom of operational changes in response to COVID-19. Rather, they’re seeking prorated tuition and fees, in addition to the forfeiture of any profits made by Pitt from moving online. 

Krause added that adjustments in campus life and course work are within universities’ rights, but the expectation of in-person instruction and past differences in pricing for online programs “support a reasonable inference that the parties impliedly contracted for in-person education, and that is sufficient to state a claim for breach of contract.”

Pitt declined to comment on the ruling or name the employee speaking on its behalf. 

Lawyers representing the students either declined to comment or did not return requests for comment. 

The lawsuit, Hickey et al. v. University of Pittsburgh, started with a complaint filed by two Pitt students in the U.S. District Court for the Western District of Pennsylvania on May 8, 2020, less than two months after instruction moved online. 

District Judge William Stickman granted the University’s motion to dismiss the claims, leading the students to appeal to circuit court. 

This appeal was consolidated with a similar one brought forth by Temple students, who also faced dismissal in district court. Between both cases, the three-judge circuit panel only discarded claims related to Pitt’s housing and dining fees. While Temple offered pro rata housing and dining fee refunds to all students upon limiting these services, Pitt only did so for students who moved out by April 3, 2020. 

The case has returned to district court for further proceedings, where in June, a similar class action resulted in a $1.25 million settlement for students at Point Park University.