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Publication Date: 2023-02-27
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 21-4495
Although statute of limitations for denial of FAPE claim did not begin to run until parents received documentation indicating that school district may have failed to provide appropriate educational services, dismissal of claim under statute of limitations was harmless where record established that student had not been denied a FAPE. Parties' cross-motions for summary judgment denied.
Publication Date: 2023-02-13
Practice Area: Education Law
Industry: Education
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 237 C.D. 2021
School district appealed trial court's grant of summary judgment to charter school in its action challenging district's conditions for renewing charter school's charter, relating to employee healthcare benefits and teacher certification, and court found trial court did not err in finding district unlawfully amended school's charter and court held district could only renew, not renew or revoke the charter. Affirmed.
Publication Date: 2023-02-06
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 5:20-cv-00377-JMG
Title IX claims arising from alleged sexual assault dismissed where claims sought emotional distress damages that were unavailable in a cause of action under a federal statute enacted pursuant to the Spending Clause. Defendant's motion for summary judgment granted.
Publication Date: 2023-01-23
Practice Area: Education Law
Industry:
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: SA 22-0129
The court found for plaintiff parents in a local agency law matter involving an educational dispute. Although defendant school district argued that the student was not entitled to receive a free education because he did not reside in the district's geographic boundaries, the court found that defendant had merely made inferences that the student was residing with his mother outside of the boundaries, rather than spending equal amounts of time with both parents as discussed in 22 Pa.Code §11.11(a).
Publication Date: 2023-01-23
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Younge
Attorneys: For plaintiff:
for defendant:
Case Number: 19-cv-0884-JMY
Defendants moved for summary judgment in plaintiff's action asserting false arrest and imprisonment, assault and battery and forcible administration of a breathalyzer test by police and breach of contract by university in plaintiff's arrest and expulsion for public drunkenness and court found plaintiff's claims against police failed because he pled guilty to public drunkenness and claims against university failed because he was afforded fundamental fairness in accordance with the terms of the student handbook. Motion granted.
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Publication Date: 2022-12-19
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0014
Parents of school student sufficiently alleged breach of school handbook where school failed to promptly investigate and respond to incidents of bullying or harassment after parents reported each incident their child suffered to school officials. Defendant's motion to dismiss denied in part and granted in part.
Publication Date: 2022-11-21
Practice Area: Education Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 1140 C.D. 2021
Trial court properly sustained appellees' preliminary objections in appellants' action to stop closure of a school and arguing a due process right to education at the school of one's choice and a fiduciary duty by school board to the community as regards the school closure. Affirmed.
Publication Date: 2022-11-14
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Robreno
Attorneys: For plaintiff:
for defendant:
Case Number: 20-5142
Student granted partial summary judgment on Title XI claim where there was no genuine dispute that school district acted with deliberate indifference when teacher failed to report or appropriately respond to a witnessed student-on-student sexual assault. Plaintiff's partial motion for summary judgment granted in part and denied in part; defendant's cross-motion for summary judgment denied.
Publication Date: 2022-10-10
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Goldberg
Attorneys: For plaintiff:
for defendant:
Case Number: 21-cv-1926
School district provided student with a free appropriate public education because district offered student an education that was appropriately ambitious in light of student's unique characteristics and student's continued struggles with writing assignments at private school showed his struggles at school district were not due to inadequate services from district. Affirmed.
Publication Date: 2022-10-03
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1128
Hearing officer correctly found that school district failed to provide free appropriate public education for student suffering from genetic disorder causing insatiable need to eat where IEP failed to ensure constant food secure environment, whereas residential private school could offer such an environment and therefore parents were entitled to tuition reimbursement. Parties' cross-motions for summary judgment granted in part and denied in part.
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