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Publication Date: 2021-07-19
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge DuBois
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0819
Defendants moved to dismiss plaintiff's action asserting §1983 first amendment retaliation, discrimination and retaliation based on disability under §504 of the Rehabilitation Act and Pennsylvania Whistleblower Law claims over his termination and court dismissed the Rehabilitation Act claims because complaint did not include any allegations department received federal financial assistance and found plaintiff sufficiently alleged §1983 first amendment retaliation against mayor and a Monell claim against borough. Motion denied in part a
Publication Date: 2021-07-05
Practice Area: Wrongful Death
Industry: Health Care | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge DuBois
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for defendant:
Case Number: 21-0769
City and doctor moved to dismiss plaintiff's §1983 claims over decedent's jail suicide and court found plaintiff, administratrix of decedent's estate, adequately pled a Monell claim based on inadequate training and also adequately pled doctor's deliberate indifference to serious medical needs. Denied in part.
Publication Date: 2021-06-07
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge DuBois
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for defendant:
Case Number: 21-0639
Americans with Disabilities Act retaliation claim was not dismissed on summary judgment where plaintiff pled prima facie disability and raised a genuine issue of material fact as to whether she had established her need for accommodation and that her subsequent termination was pretextual. Defendant's motion for summary judgment granted in part and denied in part.
Publication Date: 2021-02-22
Practice Area: Health Care Law
Industry: Federal Government | Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge DuBois
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for defendant:
Case Number: 21-0196
Defendants moved to dismiss relator's qui tam action under the False Claims Act and court granted the motion as to claims of fraud under the FCA and state false claims laws but denied as to relator's claims of fraud under theories of false certification of accuracy of form 1500s, false certification of accuracy of Minimum Data Set forms and falsification of Resource Utilization Group scores. Motion granted in part and denied in part.
Publication Date: 2021-02-08
Practice Area: Employment Litigation
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge DuBois
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for defendant:
Case Number: 21-0126
Plaintiff's complaint, which alleged that his supervisors at the City of Philadelphia routinely discriminated against him based his status as a devout Christian and forced him to miss attending church on Sundays, sufficiently alleged religious discrimination and retaliation claims under Title II of the Civil Right Act of 1964. The court denied defendant's motion to dismiss.
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Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2021-01-18
Practice Area: Products Liability
Industry: Consumer Products
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge DuBois
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for defendant:
Case Number: 21-0037
Motion to transfer venue in tobacco products liability case denied where current venue was where injured plaintiff first used and had longest period of use of defendants' products, weighing in favor of plaintiffs' choice of venue. Motion to transfer venue denied.
Publication Date: 2020-12-21
Practice Area: Dispute Resolution
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge DuBois
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for defendant:
Case Number: 20-1384
Defendant former employer moved to dismiss or compel arbitration in former employee's action alleging he was terminated in retaliation for filing a worker's compensation claim and court found plaintiff did not meaningfully consent to the arbitration or shortened statute of limitations in associate's agreement he signed because he spoke limited English, employer knew that, agreement was in English, employee was denied the opportunity to take the agreement home to have it translated and company official who translated the agreement for
Publication Date: 2020-12-14
Practice Area: Education Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Dubois
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1353
Defendants moved for summary judgment in plaintiff's §1983 action based on his alleged sexual assault by another mentally challenged student in school bathroom and court found plaintiff satisfied all the elements of a Monell claim against school district and plausibly pled school district's failure to train or supervise their employees regarding policies for taking pupils to the bathroom was the cause of his harm. Motion denied.
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
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.
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