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  • Fetsurka v. Outlaw

    Publication Date: 2021-02-22
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0190

    Allegations of Second Amendment violations due to firearms licensing office closures caused by COVID-19 pandemic would be properly resolved by bench trial rather than motion to dismiss. Defendants' motion to dismiss denied without prejudice.

  • Rush v. City of Philadelphia

    Publication Date: 2021-02-15
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Wolson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0164

    Officer and city moved to dismiss plaintiff's §1983 claims for excessive force, municipal liability and assault and battery for decedent's death in a police shooting and court found factual disputes required a jury to resolve all issues except for the action against officer in his official capacity. Motion granted in part and denied in part.

  • Murphy v. Humbolt Clothing Co.

    Publication Date: 2021-02-15
    Practice Area: Civil Rights
    Industry: E-Commerce
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Baxter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0167

    Defendant moved to dismiss plaintiff's Americans with Disabilities Act action asserting California defendant's online store was not accessible to visually impaired users and court found it lacked specific jurisdiction over defendant but allowed jurisdictional discovery and plaintiff's allegations showed a substantial part of the events and omission occurred in Pennsylvania. Motion denied.

  • Rosenblit v. City of Philadelphia

    Publication Date: 2021-02-15
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Marston
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0166

    Plaintiff filed a motion to compel discovery in his §1981, Pennsylvania Human Resources Act and Philadelphia Fair Practices Ordinance action asserting a religiously hostile work environment and retaliation and court found he failed to discuss how the personnel and investigatory files he sought were relevant to his claims or defenses in this case but issued a limited protective order in response to city's motion.

  • Zelesnick v. Temple Univ. Health Sys., Inc.

    Publication Date: 2021-02-08
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0142

    Defendants moved for summary judgment in plaintiff's Americans with Disabilities Act and Family and Medical Leave Act retaliation, failure to accommodate, disability discrimination, hostile work environment and FMLA interference action and court found plaintiff's ADA failure to accommodate and disability discrimination claims failed but her other claims withstood summary judgment. Motion granted in part and denied in part.

  • Law Journal Press | Digital Book

    Massachusetts Legal Ethics & Malpractice 2017

    Authors: James S. Bolan, Sara N. Holden

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  • Whitnum v. The Meadows at Stroud for Nursing & Rehab.

    Publication Date: 2021-01-18
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0046

    Defendant employer moved for summary judgment in plaintiff's title VII and Pennsylvania Human Relations Act action alleging she was subjected to a hostile work environment and retaliated against and court found plaintiff failed to establish a prima facie case under title VII because she did not show she was discriminated against because of her sex and produced no evidence that the conduct was severe or pervasive and her constructive discharge claim failed but she did produce enough evidence of retaliation to survive summary judgment.

  • Parker v. Cenlar FSB

    Publication Date: 2021-01-18
    Practice Area: Civil Rights
    Industry: Financial Services and Banking | Recruitment and Staffing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0042

    Defendant moved to dismiss plaintiff's complaint alleging violations of title VII, the Pennsylvania Human Relations Act, §1981 and the Americans with Disabilities Act and court found plaintiff satisfied his burden of establishing an employment relationship with defendant, his claims of racial discrimination were plausible, he met his burden of showing a claim for retaliation under title VII and his §1981 racial discrimination claim survived at this stage of the litigation but he had not exhausted his administrative remedies under the

  • Whitmore v. Nat'l R.R. Passenger Corp.

    Publication Date: 2021-01-18
    Practice Area: Civil Rights
    Industry: Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Robreno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0047

    Defendant moved for summary judgment in plaintiff's action asserting discrimination in violation of §1981, title VII and the Pennsylvania Human Relations Act by denying him training on the basis of his race and court denied summary judgment on the race discrimination claims but plaintiff failed to establish hostile work environment or retaliation claims. Granted in part and denied in part.

  • Shamsuddi v. Classic Staffing Serv.

    Publication Date: 2021-01-11
    Practice Area: Civil Rights
    Industry: Recruitment and Staffing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0017

    Defendant employer moved for summary judgment in plaintiff's race discrimination and disparate treatment, hostile work environment and constructive discharge actions under title VII and the Pennsylvania Human Relations Act and court found defendant's recruiter's comments displayed clear evidence of racially discriminatory bias, working conditions were "so intolerable that a reasonable person in the employee's position would have felt compelled to resign" and constructive discharge qualified as a tangible employment action when a "supe

  • Watson v. Christo

    Publication Date: 2020-12-23
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff: Brian Biggs, Kaitlin M. Edelman, Denise S. Kraft, Erin Larson, DLA Piper, Wilmington, DE for plaintiff.
    for defendant: Wilson B. Davis, Stuart B. Drowos, I, George T. Lees, III, Delaware Dep’t of Justice, Wilmington, DE; Bri-onna L. Denby, Cohen Seglias Pallas Greenhill & Furman, Wilmington, DE for defendants.
    Case Number: D69237

    A prison met its burden of showing that the denial of an inmate's request for a religious object was the least restrictive means of maintaining prison safety and security.