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  • Hill v. Wetzel

    Publication Date: 2023-02-13
    Practice Area: Civil Rights
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 699 C.D. 2021

    Trial court erroneously dismissed prison inmate's complaint for failure to exhaust administrative remedies where inmate sufficiently alleged that prison officials destroyed his grievance and administrative appeal forms and warned or threatened him against filing future grievances. Order of the trial court reversed, case remanded.

  • Murphy v. Le Sportsac, Inc.

    Publication Date: 2023-02-13
    Practice Area: Civil Rights
    Industry: Consumer Products | E-Commerce
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Lanzillo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1:22-CV-00058-RAL

    Court approved class certification and proposed class settlement in ADA action where settlement sought to bring defendant's website in line with current industry standards for accessibility for blind and visually impaired users, rendering the settlement reasonable as it would resolve any harm suffered by the putative class. Plaintiff's motion for class certification and preliminary approval of class settlement granted.

  • Richards v. The Pennsylvania State Univ.

    Publication Date: 2023-02-13
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 4:18-CV-01909

    Defendant moved for summary judgment in plaintiff's title VII and Age Discrimination in Employment Act claims and court found she failed to establish a prima facie case of age discrimination and defendant proffered a legitimate non-discriminatory reason for her termination in her gender discrimination claim which she did not refute. Motion granted.

  • Torain v. City of Philadelphia

    Publication Date: 2023-01-30
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Surrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14-1643

    Defendants moved for summary judgment in plaintiff's undifferentiated claims for malicious prosecution, due process and Monell claims after his conviction was overturned because police fabricated probable cause and evidence and court dismissed all claims against two officers, the Fourteenth Amendment §1983 fabrication of evidence claim against other officer and failure to train claim against city but denied dismissal as to other claims. Motion granted in part and denied in part.

  • Swainson v. City of Philadelphia

    Publication Date: 2023-01-30
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2163

    Defendants city and detectives moved to dismiss plaintiff's §1983, Fourth and Fourteenth amendment claims alleging fabrication of evidence, intentional concealment and suppression of exculpatory and impeachment evidence, malicious prosecution, civil rights conspiracy, a Monell claim against city and state law malicious prosecution and court dismissed only the malicious prosecution claims based on the Fourteenth amendment because that was an unsettled area of law. Motion granted in part and denied in part.

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    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri

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  • Chiles v. Miller

    Publication Date: 2023-01-23
    Practice Area: Civil Rights
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 45 EDA 2022

    Prosecutor's disclosure of prison phone call recordings to civil attorneys violated the Wiretapping and Electronic Surveillance Control Act, which only permitted an investigative or law enforcement officer to disclose intercepted communications to other investigative or law enforcement officers. Judgment of the trial court reversed, case remanded.

  • Garanin v. City of Scranton

    Publication Date: 2023-01-16
    Practice Area: Civil Rights
    Industry: Real Estate | State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Carlson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3:19-CV-1275

    City officials were denied qualified immunity where there was a factual dispute over the subjective motivations for the closure of rental properties, as the properties may have been closed for lack of registration without providing the landlord required due process. Defendants' motion for summary judgment granted in part and denied in part.

  • Kocher v. McDonough

    Publication Date: 2023-01-09
    Practice Area: Civil Rights
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Savage
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-921

    Defendant moved to dismiss plaintiff's action alleging age and gender discrimination and retaliation and court found she failed to make out a prima facie case of discrimination or retaliation because she failed to establish any adverse employment action. Motion granted.

  • Estate of Paone v. Plymouth Twp.

    Publication Date: 2022-12-19
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schiller
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2178

    Pleading the lack of policies and training for police officers to address individuals with mental health problems was insufficient to establish a claim of municipal liability. Defendants' motion to dismiss granted in part.

  • Rodriques v. Carney

    Publication Date: 2022-12-12
    Practice Area: Civil Rights
    Industry: Legal Services
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Baxter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-25 Erie

    Judicial defendants moved to dismiss Black attorney plaintiff's claims of deprivation of rights under §1983, tortious interference with contract, and negligence in refusing to provide copies of a complaint and affidavit of probable cause and court found the official capacity claims against them were barred by the Eleventh Amendment and the individual claims against them were barred by absolute judicial immunity. Motion granted.