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  • Geness v. Commonwealth

    Publication Date: 2020-12-14
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1347

    Commonwealth could be held vicariously liable for trial court judges' actions that might constitute deliberate indifference to detainee with mental health disabilities indefinitely detained with no prospect of regaining competence to stand trial. Defendant's motion for summary judgment granted in part and denied in part; plaintiff's motion for summary judgment denied.

  • Roberts v. Am. Airlines

    Publication Date: 2020-11-23
    Practice Area: Civil Rights
    Industry: Aerospace
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: Judge Dubois
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1278

    Plaintiff moved to remand and defendant moved to dismiss retaliation claims under federal and state law and breach of contract claims over plaintiff's termination and court found removal was proper and not untimely and plaintiff alleged a prima facie case of retaliation under the Pennsylvania Human Rights Act and Pennsylvania Fair Practices Ordinance. Motions denied.

  • DeJesus v. Delaware

    Publication Date: 2020-11-11
    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:
    for defendant:
    Case Number: D69183

    District court erred in granting summary judgment to defendants by focusing on decedent's vulnerability to suicide, rather than his serious medical need as alleged in plaintiffs' claim.

  • Pletcher v. Giant Eagle Inc.

    Publication Date: 2020-11-09
    Practice Area: Civil Rights
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Fischer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1219

    Plaintiff moved for a preliminary injunction in his action alleging defendant violated the Americans with Disabilities Act by requiring customers to wear face masks or face shields in its stores and court found plaintiff failed to present evidence he had a disability, failed to show he could not wear a face covering and defendant's policies were consistent with department of health orders and recommendations. Motion denied.

  • Silla v. One Three Five, Inc.

    Publication Date: 2020-11-09
    Practice Area: Civil Rights
    Industry: Entertainment and Leisure
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1225

    Parties cross-moved for summary judgment in plaintiff's Americans with Disabilities Act, Title VII and state law action asserting disability discrimination, harassment and other claims over her termination and the release of her mental health history to other employees and court found whether plaintiff was an employee or independent contractor was a disputed issue of material fact. Motions denied.

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    Authors: By Alex Geisler

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  • McCowan v. City of Philadelphia

    Publication Date: 2020-11-09
    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: 20-1222

    Plaintiffs moved for reconsideration of order finding mayor was a high ranking government official entitled to limited immunity and precluding his deposition in plaintiffs' discrimination, harassment and retaliation action against city and court found plaintiffs' new evidence failed to show mayor possessed unique personal knowledge, that his testimony was essential to plaintiffs' case and evidence was not available through other means. Motion denied.

  • Shelley v. Metzger

    Publication Date: 2020-11-04
    Practice Area: Civil Rights
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69180

    Inmate failed to demonstrate a likelihood of success on the merits in this matter involving religious items and activities.

  • G.S. v. Penn Trafford Sch. Dist.

    Publication Date: 2020-11-02
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Stickman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1188

    First Amendment retaliation claim failed where plaintiff failed to plead a causal link between school administrators' refusal to rescind plaintiff's daughter's suspension for fighting and her exercise of her right to report incidents of bullying. Defendants' motion to dismiss granted.

  • Lott v. Thomas Jefferson Univ.

    Publication Date: 2020-11-02
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Dubois
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1195

    Defendant moved for summary judgment in plaintiff's action asserting disability discrimination, failure to accommodate and retaliation under the Americans with Disabilities Act and the Pennsylvania Human Relations Act and retaliation under the Family and Medical Leave Act and court found plaintiff met his prima facie case of "disability" under the ADA and there were genuine issues of material fact as to whether the articulated reasons for his dismissal where pretextual and as to his retaliation and failure to accommodate claims. Motio

  • Mwimbwa v. CSL Plasma. Inc.

    Publication Date: 2020-11-02
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge DuBois
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1192

    Defendants moved to dismiss plaintiff's Age Discrimination in Employment Act, Americans with Disabilities Act, Pennsylvania Human Relations Act and Pennsylvania Whistleblower Act action alleging sex and age based discrimination, failure to accommodate and retaliation and court found she failed to set forth sufficient allegations to establish any of her claims. Motion granted.