• Ruari C. v. Pennsbury Sch. Dist.

    Publication Date: 2023-09-25
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-4080

    School district properly evaluated student and offered an appropriate individualized education plan based on evidence supporting a diagnosis of autism spectrum disorder, where any procedural irregularities in testing due to the COVID-19 pandemic did not create a substantive violation. Defendant's cross-motion for judgment on the administrative record granted.

  • Doe v. The Hill Sch.

    Publication Date: 2023-09-18
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-1210

    Student plausibly alleged contract and Americans with Disabilities Act claims when school required him to withdraw while enrolled in an alternative disciplinary program designed to rehabilitate students with substance abuse problems. Defendants' motion to dismiss granted in part and denied in part.

  • Doe v. Haverford Coll

    Publication Date: 2023-08-28
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-299

    Student plausibly alleged breach of contract claim against college when student was permanently removed from athletic team even though college declined to open Title IX investigation into sexual assault allegations levied against student. Defendants' motion to dismiss granted in part and denied in part.

  • Hickey v. Univ. of Pittsburgh

    Publication Date: 2023-08-21
    Practice Area: Education Law
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff: Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA; Jeffrey A. Klafter, Seth R. Lesser, Klafter Lesser, Rye Brook, NY; Eric Poulin, Poulin, Willey & Anastopoulo, Charleston, SC; Roy T. Willey, IV, Anastopoulo Law Firm, Charleston, SC; Stuart A. Carpey, Plymouth Meeting, PA; Edward W. Ciolko, Nicholas Colella, Jamisen A. Etzel, Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA for appellants.
    for defendant: James C. Martin, Colin E. Wrabley, Reed Smith, Pittsburgh, PA; Gerard A. Dever, Roberta D. Liebenberg, Fine Kaplan & Black, Philadelphia, PA; Burt M. Rublin, Ballard Spahr, Philadelphia, PA for appellees.

    Case Number: 21-2013

    College students plausibly stated breach of implied contract claim from universities' switch to online learning due to COVID-19 pandemic where marketing materials emphasized benefits of on-campus instruction from attending each university.

  • Upper Darby Sch. Dist. v. K.W.

    Publication Date: 2023-08-14
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kenney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-cv-04343

    Hearing officer erred in finding school district provided free appropriate public education where it failed to create and implement positive behavioral support program despite receiving recommendations to do so in an independent educational evaluation and being on notice of student's worsening behavior that was having documented negative effects on learning. Student's motion for summary judgment granted, district's cross-motion for summary judgment denied.

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  • Lab. Charter Sch. v. M.R.S.

    Publication Date: 2023-08-07
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Sanchez
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-5538

    Hearing officer properly found plaintiff charter school was the appropriate stay put placement for student and student was entitled to compensatory education for the 2019-2020 school year because student was denied a free appropriate public education that year but was not denied an FAPE for the 2020-2021 school year. Affirmed.

  • Suleiman v. Cardona

    Publication Date: 2023-07-31
    Practice Area: Education Law
    Industry: Education | Federal Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Colville
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2:22-cv-736

    Defendants moved to dismiss plaintiff's motion for declaratory relief and a court order declaring her correct birth date on her U.S. passport so she could comply with regulations pertaining to the Free Application for Federal Student Aid and court dismissed her complaint without prejudice because court did not have subject matter jurisdiction. Motion granted.

  • C.N. v. PA Interscholastic Athletic Ass'n

    Publication Date: 2023-07-17
    Practice Area: Education Law
    Industry: Education
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV 23-00, 540

    Plaintiff filed a motion for preliminary injunction in challenge to defendant's denial of his request for a waiver of postseason eligibility to play for a high school baseball team. The court denied the motion.

  • Maker v. Temple Univ.

    Publication Date: 2023-07-10
    Practice Area: Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-4120

    Plaintiff failed to establish promissory estoppel or a claim for a due process violation in university's dismissing her from its physical therapy program for failing her clinical placement because her initial dismissal took place strictly in accordance with the rules of the program and she pursued the robust appeal process available to her. Judgment for defendant.

  • Responsible Adult Q.T. v. Pottsgrove Sch. Dist.

    Publication Date: 2023-07-03
    Practice Area: Education Law
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Greenaway
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1648

    District court erred in finding that cousin did not qualify as student's parent under the Individuals with Disabilities Education Act and that cousin lacked standing to file a due process complaint on student's behalf because ample evidence showed cousin was acting in the place of student's natural parent and satisfied the third definition of parent in 20 U.S.C. §1401(23). Reversed.