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  • Colon v. Kinnel

    Publication Date: 2023-03-06
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Gallagher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:21-cv-03337-JMG

    Motion to exclude psychologist's expert testimony denied where their opinion was based on direct examination and psychologists were trained to evaluate the reliability of the interviewee's self-assertions, and the failure to consider alternative explanations for psychological injuries merely went to the weight of the opinion testimony. Parties' cross-motions to exclude expert testimony denied.

  • D.M. v. E. Allegheny Sch. Dist.

    Publication Date: 2023-03-06
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Wiegand
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2:22-CV-00110-CCW

    School district moved to dismiss former student and parents' Rehabilitation Act, Americans with Disabilities Act and §1983 claims based on school district's alleged failure to address the mental health difficulties of bullied special education student and court found student's mental health issues qualified as a "disability" and she sufficiently alleged discrimination on that ground but she failed to show discrimination based on her learning disability and parents failed to show a viable associational discrimination claim under the Re

  • Simpson v. Horning

    Publication Date: 2023-02-27
    Practice Area: Civil Rights
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Eddy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3: 19-cv-00078

    Defendants moved for judgment on the pleadings in plaintiff inmate's Rehabilitation Act action over the way his meals were provided and court found individuals could not be held personally liable under the act and plaintiff's claims against prison and individuals in their official capacities were moot. Motion granted.

  • Moses v. United Parcel Serv., Inc.

    Publication Date: 2023-02-27
    Practice Area: Civil Rights
    Industry: Cargo and Shipping | Transportation
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-670

    Defendant employer moved for summary judgment in plaintiff's action alleging harassment based on his race and sexual orientation and court found defendant's request for admissions was deemed admitted due to plaintiff's failure to respond, plaintiff showed no genuine issues of material fact to support his claims of racial and sex discrimination and he provided no evidence of pretext as to defendant's proffered legitimate non-discriminatory reason for plaintiff's termination. Motion granted.

  • Ritter v. Passavant Mem'l Homes

    Publication Date: 2023-02-20
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Horan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2:22-cv-1407

    Defendant moved to dismiss plaintiffs' §504 of the Rehabilitation Act, ADA and state law negligence claims based on the alleged lack of adequate care or supervision while plaintiff son lived in defendant's facility from 2016 until 2022 and court dismissed plaintiffs' §504 and ADA claims for lack of standing since plaintiffs' claims related only to alleged prior care, supervision and retaliation and declined to exercise supplemental jurisdiction over plaintiffs' state law claims. Motion granted.

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Biser v. Slippery Rock Univ.

    Publication Date: 2023-02-13
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Wiegand
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2:21-CV-01269-CCW

    Defendant university moved to dismiss plaintiff former student's action alleging violations of due process and equal protection in connection with her dismissal from her program and court found defendant's disciplinary hearing procedures were fair and reliable and defendant had a rational basis for treating plaintiff and roommate differently. Motion granted.

  • Mucy v. Nagy

    Publication Date: 2023-02-13
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1950

    Police conducted an unlawful search and seizure of vehicle left in parking lot for a private tow following an accident where officers did not need to enter the vehicle to obtain insurance information as they spoke with the vehicle owner over the phone, and improperly continued to search the entire vehicle where officers lacked a reasonable basis to impound the vehicle. Plaintiff's motion for partial summary judgment granted, defendants' motion for partial summary judgment granted in part and denied in part.

  • Cyr v. Schuylkill County

    Publication Date: 2023-02-13
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Saporito
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3:22-cv-00453

    Defendants nurses and prison medical care company moved to dismiss plaintiff administratrix of son's estate's §1983 denial of medical care and failure to intervene action after son died in prison of a drug overdose and court found plaintiff adequately alleged a denial of medical care and a failure to intervene and the allegations sufficiently plead a plausible claim against medical company. Motion denied.

  • Hill v. Wetzel

    Publication Date: 2023-02-13
    Practice Area: Civil Rights
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 699 C.D. 2021

    Trial court erroneously dismissed prison inmate's complaint for failure to exhaust administrative remedies where inmate sufficiently alleged that prison officials destroyed his grievance and administrative appeal forms and warned or threatened him against filing future grievances. Order of the trial court reversed, case remanded.

  • Murphy v. Le Sportsac, Inc.

    Publication Date: 2023-02-13
    Practice Area: Civil Rights
    Industry: Consumer Products | E-Commerce
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Lanzillo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1:22-CV-00058-RAL

    Court approved class certification and proposed class settlement in ADA action where settlement sought to bring defendant's website in line with current industry standards for accessibility for blind and visually impaired users, rendering the settlement reasonable as it would resolve any harm suffered by the putative class. Plaintiff's motion for class certification and preliminary approval of class settlement granted.