• Simonetta v. Allegheny Coll.

    Publication Date: 2021-03-29
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Baxter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0342

    Defendants moved to dismiss plaintiff's Title IX and state tort law claims alleging she was subjected to gender-based abuse, harassment and discrimination while a student and member of college football team and court found her allegations fell short of the type of severe and pervasive harassment contemplated by Title IX, she sufficiently pled a retaliation claim and her state law tort claims were barred by the gist of the action doctrine. Motion granted in part and denied in part.

  • Shaffer v. Pennsbury Sch. Dist.

    Publication Date: 2021-03-29
    Practice Area: Evidence
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0341

    Plaintiff moved to compel production of redacted portions of a deposition in another case and court found that when a witness was repeatedly allowed to reveal privileged information in response to questions posed by counsel for holder of the privilege, counsel failed to take "reasonable steps to prevent disclosure" as required by rule 502(b)(3) and the privilege was waived. Motion granted in part.

  • Doe v. Moravian Coll.

    Publication Date: 2021-03-22
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Gallagher
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0302

    Student's allegation that university failed to discipline fellow students who allegedly committed and filmed sexual assault was sufficient to support claim of Title IX violation and intentional infliction of emotional distress. Defendant's motion to dismiss denied in part and granted in part.

  • Yancura v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-03-15
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0282

    Board properly found claimant unqualified for unemployment compensation because he voluntarily left for personal reasons where claimant was expected to return to work from medical leave but did not file for long-term medical disability, apply for a different position, provide medical documentation certifying his ongoing medical condition or even respond to employer's email and instead, resigned. Affirmed.

  • Ivers v. Brentwood Borough Sch. Dist.

    Publication Date: 2021-03-15
    Practice Area: Personal Injury
    Industry: Education | State and Local Government
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Stickman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0276

    Substantive due process claim under theory of state created danger could proceed against school nurse who failed to ensure neck and spinal stabilization for student who had fallen to the floor head-first and appeared to be in distress. Defendants' motion to dismiss granted in part and denied in part.

  • Naborn v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-03-01
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0223

    Unemployment compensation board of review properly upheld referee's decision refusing to backdate claimant's UC benefit claims pursuant to §401(c) of the UC law and §65.43a of the regulations because claimant's ignorance of the UC claim process and/or negligence was not a basis upon which court could reverse the board. Affirmed.

  • Feit v. Lehigh Univ.

    Publication Date: 2021-02-22
    Practice Area: Labor Law
    Industry: Education | Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Wolson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0191

    Hostile work environment claims were untimely, and retaliation claim failed after employee had been terminated for the legitimate, non-discriminatory reason of rendering improper care to a patient. Defendant's motion for summary judgment granted.

  • Sorrentino v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-02-22
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0197

    Board properly affirmed workers' compensation judge's grant of employer's petition to terminate, dismissing as moot employer's petition to suspend compensation benefits, denying claimant's petition to review benefits and challenge employer's notice of suspension, dismissing claimant's new claim petition and terminating claimant's benefits because WCJ issued a timely interlocutory order granting supersedeas in conjunction with the termination petition, timely ruled on claimant's challenge petition and properly credited employer's docto

  • Feng v. Univ. of Delaware

    Publication Date: 2021-02-17
    Practice Area: Education Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69295

    Foreign student's national origin discrimination claim based on full-time student status requirements to obtain a student visa failed because requirements for full-time student status applied equally to all students in the program and the requirement to maintain such status arose from federal immigration law.

  • In re: Appeal of Coatesville Area Sch. Dist.

    Publication Date: 2021-02-01
    Practice Area: Civil Procedure
    Industry: Education | State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0093

    The commonwealth court's unusual application of both res judicata and collateral estoppel concepts in this case was not warranted where the application did not serve to shield a party or the court from repetitive or abusive litigation, but instead thwarted a party's substantive appellate rights. The high court vacated and remanded.