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Publication Date: 2018-05-01
Practice Area: Civil Rights | Regulation
Industry: Construction
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Munley
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0508
Class of one equal protection claim failed where plaintiff failed to establish he was intentionally treated differently from other similarly situated individuals without any rational basis for such different treatment. Defendants motion for summary judgment granted.
Publication Date: 2018-05-01
Practice Area: Civil Rights | Education Law
Industry: Education | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0514
School districts argument that elementary students ADA claims regarding wheelchair accessibility in middle school were not ripe failed because parents had been meeting with district over the issue for two years, only 17 months remained until student began middle school and waiting until child was ready to attend middle school would preclude student from obtaining any meaningful remedy until it was too late. Motion denied.
Publication Date: 2018-05-01
Practice Area: Civil Rights
Industry: Automotive
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Conti
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0512
Defendants were entitled to summary judgment in plaintiffs equal protection action asserting her female-owned towing company was dis-criminated against when borough gave almost all of its towing business to male-owned company because plaintiff could not show disparate treatment, intentional gender-based discrimination or a Monell claim. Motion granted.
Publication Date: 2018-03-13
Practice Area: Civil Rights | Employment Litigation
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kelly
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0258
School district was not liable for retaliation under the ADA because there was no evidence that plaintiffs 2011 ADA and FMLA lawsuit caused her 2013 correction notices and conferences, work correction notices were not part of the disciplinary process, districts decisions not to transfer plaintiff after her request and the unions request were not adverse disciplinary actions and her own inaction in not providing the documentation requested by district was responsible for the denials. Judgment for school district.
Publication Date: 2018-03-13
Practice Area: Civil Procedure | Civil Rights
Industry:
Court: Superior Court
Judge: Judge Shogan
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0259
Trial court erred in denying appellants petition to expunge his involuntary commitment because appellants due process rights were vi-olated when appellant was not told of the §303 commitment hearing, he was not present at the hearing, the police officer was not present at the hearing, appellant never signed the commitment certification and he was not served with the certification or notified of his right to appeal.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III, Cathleen T. Butler
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Publication Date: 2018-03-13
Practice Area: Civil Rights | Contracts | Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge DuBois
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0262
Defendant university was entitled to dismissal of former students claims alleging a violation of Title IX, negligence and violation of the UTPCPL but not his contract claim, after student was expelled for violating university policies against harassment, because the gist of the action doctrine barred his negligence claims and the economic loss doctrine barred his UTPCPL claims but student sufficiently alleged that university failed to provide notice and an opportunity to respond to the charges as required under the universitys polic
Publication Date: 2018-02-20
Practice Area: Civil Procedure | Civil Rights
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Pellegrini
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0131
Trial court erred in retransferring inmates ADA claim to the commonwealth court because inmates ADA claim fell within 42 Pa. C.S. § 761(a)(1)(v) since he was seeking money damages in a tort action. Reversed.
Publication Date: 2018-02-13
Practice Area: Administrative Law | Civil Rights
Industry:
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0150
The court overruled DOCs preliminary objections to petitioners claim that he was removed from his prison work position without his due process rights because petitioners actions violated at least two DOC policies and his misconduct was the impetus for his removal from his job and while the DOC had the discretion as to whether or not to issue a DC-141 misconduct report, it could not use the removal pro-cedures for removal in situations other than misconduct in DC-ADM 816 §1.M.7 to remove an inmate based on what amounted to work-re
Publication Date: 2018-02-06
Practice Area: Civil Rights | Personal Injury
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Heffley
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0116
Plaintiffs failed to state a claim for a state-created danger under the due process clause of the fourteenth amendment in their §1983 action for their sons injuries after he was swept into a storm water culvert while playing because plaintiffs failed to sufficiently plead any of the four elements of a state-created danger claim. Dismissed.
Publication Date: 2018-01-23
Practice Area: Civil Rights | Contracts | Corporate Entities
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Bartle
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0075
Court granted defendants motion to dismiss plaintiffs §1985 conspiracy claim but denied the motion to dismiss plaintiffs §§1981 and 1982 claims based on defendant stores practice of having loss prevention personnel trailing plaintiff around store, having sales associates closely monitoring him and questioning him about returns more than Caucasian customers because he sufficiently alleged interference with his right to contract and a pattern or practice of racial profiling. Motions granted in part and denied in part.
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