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Publication Date: 2020-11-23
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Conner
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1281
Defendants moved to dismiss plaintiff's action for declaratory and injunctive relief under §1983 asserting retaliation for exercising his free speech rights about an alleged code violation and court found defendants were state actors and plaintiff made a colorable claim for retaliation due to extensive surveillance of his property after he spoke at borough council meeting and posted comments on the internet and some emails showed intimidation or threat but others did not. Motion granted in part and denied in part.
Publication Date: 2020-11-23
Practice Area: Health Care Law
Industry:
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Carlson
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for defendant:
Case Number: 20-1280
ALJ erred in allowing mentally impaired plaintiff to proceed pro se in hearing over his application for disability benefits based on a severe traumatic brain injury and plaintiff suffered demonstrable prejudice. Reversed and remanded.
Publication Date: 2020-11-16
Practice Area: Personal Injury
Industry: Retail
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mariani
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Case Number: 20-1254
Defendant store moved for summary judgment in plaintiff shopper's slip and fall action and court found there was a triable issue of fact as to whether the green substance on the floor caused plaintiff's slip and as to whether defendant had constructive knowledge of the dangerous condition. Motion denied.
Publication Date: 2020-11-16
Practice Area: Criminal Law
Industry:
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
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Case Number: 20-1255
Defendant moved for compassionate release pursuant to 18 U.S.C. §3582(c)(1)(A) and court found he sustained his burden of establishing extraordinary and compelling reasons and the §3553(a) factors did not outweigh the extraordinary and compelling reasons to grant compassionate release. Motion granted.
Publication Date: 2020-11-16
Practice Area: Education Law
Industry: Education
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mannion
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Case Number: 20-1252
School district moved to dismiss plaintiff student's action asserting intentional discrimination on the basis of her disabilities in violation of the Rehabilitation Act and the equal protection clause of the fourteenth amendment and court found complaint concerned the denial of a FAPE, student's injuries related to a FAPE and dismissed for failure to exhaust administrative remedies. Motion granted.
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Publication Date: 2020-11-02
Practice Area: Wrongful Death
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Schwab
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for defendant:
Case Number: 20-1187
Pennsylvania Political Subdivision Tort Claims Act could not immunize state or municipal employees from their alleged violations of federal law, such that defendant employees could not obtain dismissal of state wrongful death and survival causes of action based on violations of federal law. Defendants' motions to strike and to dismiss denied.
Publication Date: 2020-11-02
Practice Area: Family Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mariani
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Case Number: 20-1194
Defendants moved to dismiss plaintiff's action alleging defendants violated her constitutional right to privacy and §1983 in disseminating private information from CYS files and in depriving her of her children for more than five years and court dismissed her claims for procedural due process and substantive due process based on deprivation but her claim for deprivation of the right to family integrity for the post-removal dependency withstood dismissal. Motion granted in part and denied in part.
Publication Date: 2020-10-26
Practice Area: Civil Rights
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
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Case Number: 20-1164
Defendant moved for summary judgment in plaintiff's action for discrimination, failure to accommodate and retaliation in violation of the Americans with Disabilities Act and court found plaintiff failed to produce any evidence she ever requested a reasonable accommodation or engaged in other protected activity. Motion granted.
Publication Date: 2020-10-26
Practice Area: Civil Rights
Industry: Legal Services | State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mannion
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for defendant:
Case Number: 20-1168
Both parties moved for motions in limine in plaintiffs' Title VII and Pennsylvania Human Relations Act action and court found plaintiff did not need to present expert testimony as to his future earnings, attorney-client privilege applied to county solicitor but he could be questioned about matters that fell within the crime-fraud exception and plaintiff did not establish the qualifications of his human resources and management procedures expert. Granted in part and denied in part.
Publication Date: 2020-10-26
Practice Area: Health Care Law
Industry:
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Arbuckle
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1167
Commissioner properly found plaintiff was not entitled to disability insurance benefits and Administrative Law Judge did not fail to consider her seizures since treatment records said her epilepsy was under excellent control, ALJ properly refused to incorporate into plaintiff's residual functional capacity assessment her testimony that she spent most of her day with her legs elevated to alleviate knee pain, her "anxiety" was a non-medically determinable impairment and was properly excluded from the RFC assessment and there was no medi
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