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  • Harty v. Grand-Sasso, Inc.

    Publication Date: 2019-06-24
    Practice Area: Civil Rights
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Joyner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0723

    Motion to dismiss ADA complaint for lack of standing stayed where further discovery was necessary to uncover underlying facts to establish whether plaintiff faced real and immediate threat of injury from continued ADA violations at defendant's property. Motion to dismiss stayed.

  • Commonwealth v. Byrd

    Publication Date: 2019-05-20
    Practice Area: Civil Rights | Criminal Appeals
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0581

    The commonwealth charged defendant with person not to possess a firearm. While the trial was proceeding, the court received an email message with a voice recording from Brandy Wilson, who was set to testify as a character witness for defendant. Wilson said she had been threatened by assistant district attorney Lawrence Sachs. After a hearing, the trial court declared a mistrial sua sponte based on manifest necessity due to prosecutorial misconduct. The trial court later dismissed the charge with prejudice. On appeal, the commonwealth

  • McKinley v. Meier

    Publication Date: 2019-05-06
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0524

    Defendants moved to dismiss plaintiff's state-created danger claim based on correctional officer's announcing before other inmates that plaintiff was a confidential informant and the court found plaintiff sufficiently pled that officer's actions made plaintiff more vulnerable and both nominal and punitive damages were recoverable for the alleged violation of his civil rights. Denied.

  • Curto v. A Country Place Condo. Ass'n, Inc.

    Publication Date: 2019-05-06
    Practice Area: Civil Rights
    Industry: Hospitality and Lodging
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Ambro
    Attorneys: For plaintiff: Leora M. Lapidus and Sandra S. Park (American Civil Liberties Union, Women's Rights Project); Jeanne LoCicero, Liza F. Weisberg, and Edward Barocas (American Civil Liberties Union of New Jersey Foundation); Daniel Mach and Heather L. Weaver (American Civil Liberties Union); Jose D. Roman (Powell & Roman)
    for defendant: Angela Maione Costigan (Costigan & Costigan, LLC)
    Case Number: 18-1212

    Sex-Segregated Swimming Schedule Discriminatory Towards Women by Allotting Men More Favorable Swimming Times

  • Curto v. A Country Place Condo. Ass'n

    Publication Date: 2019-05-06
    Practice Area: Civil Rights
    Industry: Hospitality and Lodging
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Ambro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0515

    Condominium association's sex-segregated swimming schedule for the community pool violated the Fair Housing Act when it allocated more favorable swimming times to men than women. Order of the district court reversed, case remanded.

  • Law Journal Press | Digital Book

    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • Muhammad v. Pennsylvania Dep't of Educ.

    Publication Date: 2019-04-29
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0490

    Defendant moved to dismiss plaintiff grandfather's complaint, alleging his granddaughter was harassed at school, for insufficient service and the court found that plaintiff did not make valid service and dismissed the complaint as to the individual defendants, granted an extension of time to serve the department of education and the elementary school and denied plaintiff's motion for appointment of counsel. Granted in part and denied in part.

  • Renna v. PPL Elec. Util., Inc.

    Publication Date: 2019-04-22
    Practice Area: Civil Rights
    Industry: Energy
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0462

    Trial court properly dismissed appellant's age-based harassment claim because each time appellant complained about harassment from coworkers, employer took adequate action calculated to prevent further harassment but trial court erred in finding that there was not enough evidence in the record to show that employer retaliated against appellant for filing an EEOC charge. Affirmed in part and reversed in part.

  • Brzozowski v. Pennsylvania Tpk. Comm'n

    Publication Date: 2019-04-08
    Practice Area: Civil Rights | Employment Litigation
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0400

    Plaintiff failed to sufficiently plead a First Amendment claim of retaliation against his employer for his assistance to minorities in the contract bidding process where the complaint did not identify the employees allegedly involved in such conduct or tie any employees to the purported retaliation. The court granted defendant's motion to dismiss in part.

  • Michael v. Quaker Valley Sch. Dist.

    Publication Date: 2019-04-08
    Practice Area: Civil Rights | Education Law
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Hornak
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0402

    School district sought summary judgment in plaintiff employee's action asserting she was denied due process during her suspension and termination and the true reason for her discipline was retaliation for speaking at a school board meeting several years earlier and the court found she produced no evidence of a nexus between her protected speech and her discipline and she was given notice of the accusations and an opportunity to be heard. Motion granted.

  • Kennedy v. Gettysburg College

    Publication Date: 2019-04-01
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schiller
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0369

    Defendant college moved for a transfer of venue in plaintiff's Title IX and §1983 action based on being drugged and raped at a fraternity party on defendant college's campus and the court found that venue was improper in the eastern district because all defendants did not reside in the same state and all the events giving rise to the course of action occurred in the middle district. Case transferred.