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  • Washington-Morris v. Bucks Cnty. Transp., Inc.

    Publication Date: 2018-05-15
    Practice Area: Civil Rights | Labor Law
    Industry: Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0567

    Race and disability discrimination claims timely where discrete events occurred within 300 days of EEOC complaint that asserted such discrimination from which plaintiff timely filed suit. Partial motion to dismiss granted in part and denied in part.

  • Kapish v. Advance Code Grp.

    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.

  • S. F. v. Sch. Dist. of Upper Dublin

    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.

  • Mary Beths Towing LLC v. Borough of Brownsville

    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.

  • Hemphill v. Sch. Dist. of Philadelphia

    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.

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  • In re Petition of J.M.Y.

    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.

  • Powell v. St. Josephs Univ.

    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

  • Harris v. Dept of Corrections

    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.

  • Williams v. Wetzel

    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

  • Schweiter v. Township of Radnor

    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.