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  • Barclay v. Stabley

    Publication Date: 2021-02-22
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0185

    The Department of Corrections' administrative grievance procedure does not require that an aggrieved prisoner name the individuals allegedly involved in an incident; therefore, plaintiff did not fail to exhaust his administrative remedies as to certain defendants not specifically named in his administrative grievance. The court denied defendants' motion to dismiss.

  • Whitnum v. The Meadows at Stroud for Nursing & Rehab.

    Publication Date: 2021-01-18
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0046

    Defendant employer moved for summary judgment in plaintiff's title VII and Pennsylvania Human Relations Act action alleging she was subjected to a hostile work environment and retaliated against and court found plaintiff failed to establish a prima facie case under title VII because she did not show she was discriminated against because of her sex and produced no evidence that the conduct was severe or pervasive and her constructive discharge claim failed but she did produce enough evidence of retaliation to survive summary judgment.

  • Donald J. Trump for President, Inc. v. Boockvar

    Publication Date: 2021-01-04
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1430

    Defendants moved to dismiss plaintiffs' challenge to mail-in ballots and court found plaintiffs presented strained legal arguments without merit, speculative accusations unpled in the operative complaint and unsupported by evidence in their effort to disenfranchise voters and they lacked standing and failed to state an equal protection claim. Dismissed with prejudice.

  • King v. Alpha Sigma Tau Nat'l Found. Inc.

    Publication Date: 2020-12-14
    Practice Area: Attorney Compensation
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1354

    Court found 28 U.S.C. §1447(c) allowed plaintiffs to recover attorney fees, even when they were represented on contingency, and awarded attorney fees to plaintiff after remanding the defendant-removed action to state court. Attorney fees granted.

  • United States v. Barlow

    Publication Date: 2020-11-16
    Practice Area: Criminal Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:

    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.

  • Record v. Maybrook-P Orangeville Opco, LLC

    Publication Date: 2020-10-26
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
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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.

  • Fattah v. Rackovan

    Publication Date: 2020-09-28
    Practice Area: Civil Appeals
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
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    for defendant:

    Case Number: 20-1060

    Court found defendant's motion to dismiss plaintiff's notice of appeal as untimely belonged before the third circuit, not this court, and court denied plaintiff's motion to amend his notice of appeal for failure to establish excusable neglect or good cause. Motions denied.

  • Elliot v. Pennsylvania Interscholastic Athletic Ass'n, Inc.

    Publication Date: 2020-09-28
    Practice Area: Entertainment and Sports Law
    Industry: Entertainment and Leisure | Non-Profit
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
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    for defendant:

    Case Number: 20-1053

    First Amendment retaliation claim could proceed to the extent individual defendants undertook adverse employment actions against plaintiff after plaintiff, in his personal capacity, supported his brother's candidacy for a position with a state actor organization. Defendants' motion to dismiss granted in part and denied in part.

  • Scalia v. Shalimar Distrib. LLC

    Publication Date: 2020-08-10
    Practice Area: Employment Litigation
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0858

    Department of Labor moved for summary judgment in its FLSA action against defendants and court found defendants conceded they were employers under the FLSA, that they discarded timesheets, made unrecorded cash payments to employees and that records did not cover all hours employees worked and court found they failed to compensate employees for time spent making end-of-shift reports and did not pay required overtime. Motion granted.

  • M.W. v. Shikellamy Sch. Dist.

    Publication Date: 2020-06-29
    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: 20-0685

    Defendants moved to dismiss plaintiffs' title IX and §1983 claim after kindergarten student was sexually harassed and bullied by another student and court found plaintiff sufficiently alleged knowledge by "an appropriate person," deliberate indifference and failure to protect. Motion denied.

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