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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.
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.
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.
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.
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.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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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.
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.
Publication Date: 2023-02-13
Practice Area: Civil Rights
Industry: Education
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 4:18-CV-01909
Defendant moved for summary judgment in plaintiff's title VII and Age Discrimination in Employment Act claims and court found she failed to establish a prima facie case of age discrimination and defendant proffered a legitimate non-discriminatory reason for her termination in her gender discrimination claim which she did not refute. Motion granted.
Publication Date: 2023-01-30
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 14-1643
Defendants moved for summary judgment in plaintiff's undifferentiated claims for malicious prosecution, due process and Monell claims after his conviction was overturned because police fabricated probable cause and evidence and court dismissed all claims against two officers, the Fourteenth Amendment §1983 fabrication of evidence claim against other officer and failure to train claim against city but denied dismissal as to other claims. Motion granted in part and denied in part.
Publication Date: 2023-01-30
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: 22-2163
Defendants city and detectives moved to dismiss plaintiff's §1983, Fourth and Fourteenth amendment claims alleging fabrication of evidence, intentional concealment and suppression of exculpatory and impeachment evidence, malicious prosecution, civil rights conspiracy, a Monell claim against city and state law malicious prosecution and court dismissed only the malicious prosecution claims based on the Fourteenth amendment because that was an unsettled area of law. Motion granted in part and denied in part.
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