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  • Steele v. Allegheny County

    Publication Date: 2022-05-16
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Stickman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0549

    Defendant county moved to dismiss plaintiff's Americans with Disabilities Act action after he was removed from a corrections officer training program when a fitness-for-duty test found reduced dexterity of one hand/arm and court found plaintiff plausibly pled he was regarded as disabled and but failed to adequately allege a failure to accommodate. Motion granted in part and denied in part.

  • Macolino v. McCoy

    Publication Date: 2022-05-09
    Practice Area: Civil Rights
    Industry: Real Estate
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Goldberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0513

    Defendants moved to dismiss plaintiff's §1983 and state law malicious prosecution claims based on his arrest for defiant trespass and court found that even after trial judge redacted officer's warrant affidavit to remove statements plaintiff alleged were false, the redacted warrant provided a sufficient basis for plaintiff's arrest. Motions granted.

  • Overton v. SEPTA

    Publication Date: 2022-05-02
    Practice Area: Civil Rights
    Industry: State and Local Government | Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0476

    Employer moved to dismiss plaintiff's action asserting she was terminated based on her race after she got into a dispute with a passenger and court found plaintiff failed to provide sufficient evidence from which a reasonable juror could conclude she was fired based on her race. Motion granted.

  • Ogrod v. City of Philadelphia

    Publication Date: 2022-05-02
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Padova
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0472

    Defendants moved to dismiss §1983 action brought by man exonerated of murder for which he spent 28 years in prison and court dismissed the counts that asserted a fourteenth amendment malicious prosecution claim, violation of a right to a constitutionally adequate investigation, a failure to intervene claim and some of the supervisory liability claims but denied dismissal of claims asserting fabrication of evidence, use of coercion, fifth amendment self-incrimination and conspiracy. Granted in part and denied in part.

  • Wolf v. Temple Univ.

    Publication Date: 2022-04-25
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0442

    Defendant moved for summary judgment in plaintiff's discriminatory age-based termination, discriminatory age-based failure to rehire, retaliatory termination and retaliatory failure to rehire claims and court found plaintiff did not carry her burden as to her claim of discriminatory failure to rehire or retaliation claim for her internal complaints about a swastika incident, but did show sufficient evidence to survive summary judgment on her discriminatory termination claims. Motion granted in part and denied in part.

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Thorpe v. City of Philadelphia

    Publication Date: 2022-04-18
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0420

    Defendants moved to stay plaintiff's §1983 action based on detective's misconduct that led to plaintiff's murder conviction, which was overturned on habeas review, because detective was criminally charged with allegedly similar criminal conduct in a different homicide prosecution involving a different underlying defendant and court found the verdict in one case was not dispositive of the other, fact discovery was functionally complete, there was no prejudice to defendants and there was prejudice to plaintiff. Motion denied.

  • Donahue v. Lawrence

    Publication Date: 2022-04-11
    Practice Area: Civil Rights
    Industry: Real Estate | State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Baxter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0396

    Court declined to strike malicious prosecution allegations where the claim was filed within two years of the termination of property code citation against plaintiff, and the allegations documented the underlying dispute between plaintiff and defendant municipality. Defendants' motion to dismiss and strike denied.

  • Doe v. Princeton Univ.

    Publication Date: 2022-04-01
    Practice Area: Civil Rights | Education Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Matey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1458

    Plaintiff appealed from the district court's dismissal of his Title IX claim against defendant.

  • Doe v. Franklin County

    Publication Date: 2022-03-21
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0308

    Trial court erred in denying class certification based on numerosity after finding plaintiffs had presented no evidence that any third party had actually read confidential information on postcards sent through the mail, where the complaint had merely asserted a statutory violation for sending out postcards with visible confidential information. Order of the trial court vacated, case remanded.

  • Smith & Wesson Brands, Inc. v. Atty. Gen. of the State of New Jersey

    Publication Date: 2022-03-21
    Practice Area: Civil Rights
    Industry: Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Hardiman
    Attorneys: For plaintiff: Courtney G. Saleski (DLA Piper); Joseph A. Turzi Edward S. Scheideman (DLA Piper); Christopher M. Strongosky (DLA Piper)
    for defendant: Andrew J. Bruck, Jeremy M. Feigenbaum, Angela Cai, Stephanie J. Cohen, Robert J. McGuire, Michael T. Moran, Tim Sheehan, and John T. Passante (Office of Attorney General of New Jersey)
    Case Number: 21-2492

    District Court Improperly Abstained from Civil Rights Suit Arising from State Subpoena Enforcement Action That Had Not Imposed Sanctions